Oregon Revised Statutes Chapter 109 § 109.323 — Consent when custody of child has been awarded in divorce proceedings
Oregon Revised Statutes Chapter 109 ·
Oregon Code § 109.323·Enacted ·Last updated March 01, 2026
Statute Text
Consent when custody of child has been awarded in divorce proceedings.
(1) If the legal custody of the
child has been awarded in marital dissolution proceedings, except as provided
in ORS 109.330 (8) if the child is an Indian child, the written consent of the
person to whom custody of the child has been awarded may be held sufficient by
the court. However, unless the noncustodial parent consents to the adoption,
the petitioner, in accordance with ORS 109.330, shall serve on the noncustodial
parent a summons and a motion and order to show cause why the proposed adoption
should not be ordered without the noncustodial parents consent, and the
objections of the noncustodial parent shall be heard if appearance is made.
(2) This section
does not apply when consent is given in loco parentis under ORS 109.325 or
109.327. [Formerly 109.314; 2021 c.398 §23]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.323
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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