ORS 109.325: Consent by Department of Human Services or approved child-caring agency of this state.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been: (a) Surrendered to it for the purpose of adoption under ORS 418.270 if compliance is had with the provisions of that section; (b) Permanently committed to it by order of a court of competent jurisdiction; or (c) Surrendered to it for the purpose of adoption under ORS 418.270 by one parent if compliance is had with the provisions of that section and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent. (2) The department may consent to the adoption of a child over whom the department has been made guardian under ORS chapter 125. (3) When consent is given under this section, no other consent is required. (4) When consent is given under this section, there shall be filed in the adoption proceeding: (a) A certified copy of an order of a court of competent jurisdiction formally and permanently assigning the guardianship of the child to the department or the child-caring agency, or a copy of the surrender of the child from its parent or parents or guardian, or both, as the case may be; and (b) Written formal consent by the department or the child-caring agency, as the case may be, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. The consent of the department or the child-caring agency to the proposed adoption may be given by one of its officers, executives or employees who has been authorized or designated by it for that purpose. [Formerly 109.316]
This rule cites
- ORS 418.270 — resolved
- ORS chapter 125 — target_record_not_published
Cited by
- ORS 109.285: Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality.
- ORS 109.287: Adoption Summary and Segregated Information Statement; exhibits; confidentiality.
- ORS 109.289: Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees.
- ORS 109.302: Consent to adoption of Indian child; withdrawal of consent.
- ORS 109.322: Consent of parent with mental illness or intellectual disability; consent of imprisoned parent.
- ORS 109.323: Consent when custody of child has been awarded in divorce proceedings.
- ORS 109.324: Consent when parent has deserted or neglected child.
- ORS 109.331: Consenting agency disclosure of county and case number of adoption proceeding.
- ORS 109.390: Authority of Department of Human Services or child-caring agency in adoption proceedings.
- OAR 413-020-0150: Exercise and Delegation of Guardian Authority
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors109.html