Oregon Revised Statutes Chapter 109 § 109.302 — Consent to adoption of Indian child; withdrawal of consent

Consent to adoption of Indian child; withdrawal of consent. (1) As used in this section, “parent” has the meaning given that term in ORS 419B.603. (2)(a) If a petition filed under ORS 109.276 is for the adoption of an Indian child, except as otherwise provided in ORS 109.302 to 109.329, consent in writing to the adoption must be given by the following: (A) The Indian child’s parents, or the survivor of the parents. (B) If the Indian child has no living parent, the Indian child’s guardian or Indian custodian. (C) If the Indian child has no living parent, guardian or Indian custodian, the next of kin in this state. (b) Consent under this section is valid only as to the person giving consent. (c) If both of the Indian child’s parents are living but only one of the Indian child’s parents consents to the adoption: (A) The petitioner must demonstrate to the court that the petitioner has made active efforts, as described in ORS 419B.645, to prevent the break up of the family or to reunite the family; (B) The petitioner, in accordance with ORS 109.330, shall serve on the nonconsenting parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the nonconsenting parent’s consent; and (C) The objections of the nonconsenting parent, if any, must be heard if appearance is made. (3)(a) An Indian child’s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child’s birth by executing the consent in person before the court and filing the consent with the court. (b) The consent must clearly set out the conditions to the consent, if any. (4)(a) Prior to the execution of a parent’s consent under subsection (3) of this section, the court must explain to the parent on the record in detail and in the language of the parent: (A) The right to legal counsel; (B) The terms and consequences of the consent in detail; and (C) That at any time prior to the entry of the judgment of adoption or readoption under ORS