What are the adoption laws in Oregon?

Oregon's adoption laws are in Oregon Revised Statutes Chapter 109, and a stepparent adoption is filed in the Circuit Court in your county. Here is how the main rules work for stepparent families.

Where you file. Oregon has 36 counties, and each has a Circuit Court that handles adoptions, whether you live in Portland, Salem, Eugene, Gresham, Hillsboro or elsewhere. You file in the court for your county.

Residency. Oregon requires a residency period of 6 months (ORS § 109.276(2)).

Consent. The paperwork includes:

• A Petition for Adoption
• Consent forms, or a motion to waive consent
• Your spouse's consent to the adoption
• The court filing fee

Oregon allows parents to consent before or after filing, and consent may be withdrawn within certain periods. The child's consent age is 14 (ORS § 109.328).

Abandonment. Oregon's abandonment period is 12 months (ORS § 109.324). Whether your situation fits depends on the facts, so ask the Circuit Court clerk or an attorney about your case.

Termination of rights. In Oregon, this is not a separate court case you file first. It is handled within the adoption process.

Home study. A home study is waived for stepparent adoptions (ORS § 109.276(7)(b); § 109.276(8)(a)(B)(ii)).

Notifying the other parent. Oregon allows personal service, or service by publication if the other parent's location is unknown after a diligent search. If the other parent is missing, or the case is contested, talk to the court clerk or an attorney about your specific facts.

Registered domestic partners. Oregon allows registered domestic partners to adopt their partner's child through the stepparent adoption process.

Timeline and cost. A stepparent adoption typically takes 3-6 months. Court filing fees range from $200-$350, and the total typical cost is under $1,000 when you prepare the paperwork yourself. Attorneys commonly charge $3,000-$5,000+. Your Circuit Court clerk can confirm the exact fee for your county.

Adult adoption. Oregon also permits adult adoption (ORS 109.329). Any person may petition to adopt someone who is 18 or older or legally married. Key points:

• The person adopting and the person being adopted each give written consent, filed with the petition. Birth parents do not consent.
• The court must find that each petitioner understands the significance of the adoption and is not acting under duress, coercion or undue influence. It must also be satisfied that the adoption is "fit and proper."
• No home study is required.
• One petitioner or the adoptee must have lived in Oregon continuously for six months before filing, and you file in the county where a petitioner or the adoptee lives.
• The court may hold a hearing but is not required to.
• Adult adoptions typically take 4-8 weeks.

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