ORS 109.285: Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality.

(1) A petition for adoption of a minor child must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following: (a) The full name of the petitioner; (b) The state and length of residency in the state of the petitioner and information sufficient to establish that the residency requirement of ORS 109.276 (2) has been met; (c) The current marital or domestic partnership status of the petitioner; (d) An explanatory statement as to why the petitioner is of sufficient ability to bring up the minor child and furnish suitable nurture and education sufficient for judgment to be entered under ORS 109.350; (e) Information sufficient for the court to establish that the petitioner has complied with the jurisdictional and venue requirements of ORS 109.276 (4) and (5); (f) The full name, gender and date and place of birth of the minor child; (g) The marital or domestic partnership status of the biological mother at the time of conception, at the date of birth and during the 300 days prior to the date of birth of the minor child; (h)(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the petitioner’s efforts described in ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child; (B) A statement that the petitioner has reason to know that the child is an Indian child or does not have reason to know that the child is an Indian child; and (C) If the petitioner has reason to know that the child is an Indian child: (i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (2); or (ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding, by clear and convincing evidence, that good cause exists for alternative adoptive placement and a statement describing the details supporting the petitioner’s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4); (i) The name and relationship to the minor child of any person who has executed a written release or surrender of parental rights or of rights of guardianship of the minor child as provided by ORS 418.270 and the date of the release or surrender; (j) The name and relationship to the minor child of any person who has given written consent as required under ORS 109.301 or 109.302, and the date the consent was given; (k) The name and relationship to the minor child of any person or entity for whom the written consent requirement under ORS 109.301 or 109.302 is waived or not required as provided in ORS 109.322, 109.323, 109.324, 109.325, 109.326 and 109.327 or whose written consent may be substituted for the written consent requirement under ORS 109.301 or 109.302 as provided in ORS 109.322, 109.323, 109.324, 109.325, 109.326, 109.327, 109.328 and 109.329; (L) The name and relationship to the minor child of all persons who have signed and attested to: (A) A written certificate of irrevocability and waiver as provided in ORS 109.301 (2); or (B) A written certificate stating that a release or surrender under ORS 418.270 (4) becomes irrevocable as soon as the child is placed for the purpose of adoption or, if the child is an Indian child, upon entry of the judgment of adoption; (m) A statement of the facts and circumstances under which the petitioner obtained physical custody of the minor child, including date of placement with the petitioner for adoption and the name and relationship to the minor child of the individual or entity placing the minor child with the petitioner; (n) The length of time that a minor child has been in the physical custody of the petitioner and, if the minor child is not in the physical custody of the petitioner, the reason why, and the date and manner in which the petitioner will obtain physical custody of the minor child; (o) Whether a continuing contact agreement exists under ORS 109.268, including names of the parties to the agreement and date of execution; (p) A statement establishing that the requirements of ORS 109.353 regarding advisement about the voluntary adoption registry and the registry’s services have been met; (q) A statement establishing that the requirements of ORS 109.346 regarding notice of right to counseling sessions have been met; (r) A statement that the information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834 has been provided in the Adoption Summary and Segregated Information Statement under ORS 109.287; (s) A statement that the Interstate Compact on the Placement of Children does or does not apply and, if applicable, a statement of the efforts undertaken to comply with the compact; (t) Unless waived, a statement that a current home study was completed in compliance with ORS 109.276 (7); and (u) A declaration made under penalty of perjury that the petition, and the information and statements contained in the petition, are true to the best of the petitioner’s knowledge and belief and that the petitioner understands the petition, and information and statements contained in the petition, may be used as evidence in court and are subject to penalty for perjury. (2) A petition filed under ORS 109.276 must, if applicable, request the following: (a) Entry of a general judgment of adoption; (b) That the petitioner be permitted to adopt the minor child as the child of the petitioner for all legal intents and purposes; (c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the minor child; (d) With respect to the appropriate persons, the termination of parental rights or a determination of nonparentage; (e) Approval of a change to the minor child’s name; (f) A finding that a continuing contact agreement entered into under ORS 109.268 is in the best interests of the minor child and that, if the minor child is 14 years of age or older, the minor child has consented to the agreement, and that the court incorporate the continuing contact agreement by reference into the adoption judgment; (g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223; (h) That all records, papers and files in the record of the adoption case be sealed as provided under ORS 109.289; (i) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2); (j) A finding of whether there is reason to know that the child is an Indian child; (k) If the court finds that there is reason to know that the child is an Indian child: (A) The determinations required under ORS 419B.621 regarding the Indian child’s residence, domicile and wardship status; (B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and (C) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, if not, that, upon the petitioner’s motion under ORS 419B.654 (3), good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2); and (L) Any other relief requested by the petitioner. (3) A petition filed under ORS 109.276 must, if applicable, have the following attached as exhibits: (a) Any written release or surrender of the minor child for adoption, or a written disclaimer of parental rights; (b) Any written consent to the adoption; (c) Any certificate of irrevocability and waiver; (d) Any continuing contact agreement under ORS 109.268; (e) The written disclosure statement required under ORS 109.281; and (f) Any other supporting documentation necessary to comply with the petition requirements in this section and ORS 109.276. (4) The petition and documents filed as exhibits under subsection (3) of this section are confidential and may not be inspected or copied except as provided under ORS 109.266 to 109.410 and 109.425 to 109.507. (5)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition, the documents filed as exhibits under subsection (3) of this section, the Adoption Summary and Segregated Information Statement described in ORS 109.287, including any amendments and exhibits attached to the statement, and, if applicable, a copy of the declaration of compliance described in paragraph (d) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service. (b) In the case of an adoption in which one of the child’s parents retains parental rights as established under ORS 109.065 or 419B.609, the petitioner shall also serve the petition by either registered or certified mail with return receipt or personal service: (A) On all persons whose consent to the adoption is required under ORS 109.301 unless the person’s written consent is filed with the court; and (B) On the parents of the party whose parental rights would be terminated, if the names and addresses are known or may be readily ascertained by the petitioner. (c) When a parent of the child is deceased or incapacitated, the petitioner shall also serve the petition on the parents of the deceased or incapacitated parent, if the names and addresses are known or may be readily ascertained by the petitioner. As used in this paragraph: (A) “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the person’s physical health or safety. (B) “Meet the essential requirements for the person’s physical health or safety” means those actions necessary to provide health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur. (d) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall: (A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to: (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (ii) The child’s parents; (iii) The child’s Indian custodian, if applicable; and (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child’s parents, Indian custodian or tribe cannot be ascertained. (B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service. (e) Except when the child is an Indian child, service required by this subsection may be waived by the court for good cause. [Formerly 109.315]