Oregon Revised Statutes Chapter 109 § 109.326 — Consent when spouse not parent

Consent when spouse not parent. (1) If a parent who gave birth to a child was married at the time of the conception or birth of the child, and the spouse of the parent who gave birth to the child is adjudicated not to be the parent of the child, the spouse’s authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child. (2)(a) If parentage of the child has not been adjudicated, an adjudication of nonparentage under this section may be made by any court having adoption, divorce or juvenile court jurisdiction. (b) Except as provided in subsection (11) of this section, the testimony or affidavit of the parent who gave birth to the child, the spouse of the parent who gave birth to the child or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination. (c) The provisions of this section relating to Indian children do not apply if the determination of nonparentage is being made by a court having divorce jurisdiction or jurisdiction to decide custody between unmarried parents. (3) Before the court may make the determination of nonparentage, the petitioner shall: (a) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and (b) Serve on the spouse a summons and a true copy of a motion and order to show cause why a judgment of nonparentage should not be entered if: (A) The spouse is an adjudicated parent of the child; (B) The child resided with the spouse at any time since the child’s birth; (C) The spouse repeatedly has contributed or tried to contribute to the support of the child; or (D) The petitioner has reason to know that the child is an Indian child. (4) When the petitioner is required to serve the spouse with a summons and a motion and order to show cause under subsection (3) of this section: (a) Service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (7) of this section. Service of the summons and the motion and order to show cause must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents. (b) If the petitioner has reason to know that the child is an Indian child, the petitioner shall serve copies of the motion, together with the notice of proceeding required under ORS 419B.639 (3), on: (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (B) The child’s parents; (C) The child’s Indian custodian, if applicable; and (D) 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. (c) The petitioner shall file a declaration of compliance under penalty of perjury made in the manner described by ORCP 1 E, that includes: (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether the petitioner has reason to know that the child is an Indian child; and (B) If the petitioner has reason to know that the child is an Indian child: (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (b) of this subsection, together with any return receipts or other proof of service. (5) The inquiry required under subsection (3)(a) of this section and notice required under subsection (4)(a) of this section may be combined with the inquiry and notice required under ORS 109.285 or 109.385 if the motion and order to show cause is filed concurrently with the petition for adoption or readoption under ORS