ORS 109.281: Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Each adoption petition filed pursuant to ORS 109.276 seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies. (2) A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioner’s knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption. (3) A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them. (4)(a) It is unlawful for any person to advertise: (A) A child offered or wanted for adoption; or (B) That the person is able to place, locate, dispose of or receive a child for adoption. (b) The provisions of paragraph (a) of this subsection do not apply to: (A) The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or (B) A person who has completed a home study as required by ORS 109.276 (7) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person’s attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person’s attorney must be licensed to practice in Oregon. (c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney’s availability to provide services related to the adoption of children. (d) As used in this subsection, unless the context requires otherwise, “advertise” means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [Formerly 109.311]
Administrative rules citing this section
This rule cites
- ORS 109.276 — resolved
- ORS chapter 418 — target_record_not_published
Cited by
- ORS 109.285: Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality.
- ORS 109.385: Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees.
- ORS 109.990: Penalty.
- ORS 163.537: Buying or selling a person under 18 years of age.
- OAR 413-140-0031: Actions Performed by the Department upon Receipt of an Adoption Petition
- OAR 413-140-0047: Fees for the Placement Report and Certificate of Approval
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors109.html