Oregon Code § 109.330·Enacted ·Last updated March 01, 2026
Statute Text
Notice
when parent does not consent; notice when child has no living parent and no
guardian or next of kin qualified to appear.
(1)(a) In the cases provided for in ORS 109.302,
109.322, 109.323 and 109.324, when a parent does not consent to the adoption of
the child, 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 the
parent with a summons and a true copy of a motion and order to show cause why
the proposed adoption should not be ordered without the parents consent.
(b) Except as
provided in subsection (3) of this section, service of the summons and the
motion and order to show cause must be made in the manner provided in ORCP 7 D
and E. Service 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.
(c) If the
petitioner has reason to know that the child is an Indian child, in addition to
the service required under paragraph (b) of this subsection, the petitioner
shall serve by registered or certified mail, return receipt requested, copies
of the motion and order to show cause, together with the notice of proceeding
in the form required under ORS 419B.639 (3)(c), 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 childs
parents;
(C) The childs
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 childs parents, Indian
custodian or tribe cannot be ascertained.
(d) 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 there is 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 (c)
of this subsection, together with any return receipts or other proof of
service.
(2) A summons
under this section must contain:
(a) A statement
that an adoption petition has been filed and that, if the parent fails to file
a written answer to the motion and order to show cause within the time
provided, the court, without further notice and in the parents absence, may
take any action that is authorized by law, including but not limited to
entering a judgment of adoption of the child if the court determines, on the
date the answer is required or on a future date, that:
(A) Consent of
the parent is not required;
(B) The adoption
is in the best interests of the child; and
(C) If the child
is an Indian child, the nonconsenting parents continued custody of the Indian
child is likely to result in serious emotional or physical damage to the child.
(b) A statement
that:
(A) The parent
must file with the court a written answer to the motion and order to show cause
within 30 days after the date on which the parent is served with the summons
or, if service is made by publication or posting under ORCP 7 D(6), within 30
days from the date of last publication or posting.
(B) In the
answer, the parent must inform the court and the petitioner of the parents
telephone number or contact telephone number and the parents current
residence, mailing or contact address in the same state as the parents home.
The answer may be in substantially the following form:
______________________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON
FOR
THE COUNTY OF _________
_________, )
Petitioner, ) NO._____
)
) ANSWER
and )
)
_________, )
Respondent. )
[ ] I consent to
the proposed adoption.
[ ] I do not
consent to the proposed adoption. The court should not order the proposed
adoption without my consent for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
__________________
Signature
DATE:__________________
ADDRESS OR CONTACT
ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT
TELEPHONE:
_____________________
_________________________________________________________
Plain English Explanation
This Oregon statute addresses Notice
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.330
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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