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Or. Rev. Stat. § 109.312
Oregon Revised Statutes
Title
11. Domestic Relations
Chapter
109. Parent and Child Rights and Relationships
Adoption
§ 109.312. Consent to adoption; parties required
(1) Except as provided in ORS 109.314 to 109.329, consent in writing to
the adoption under ORS 109.309 of a child shall be given by:
(a)
The parents of the child, or the survivor of them.
(b)
The guardian of the child, if the child has no living parent.
(c)
The next of kin in this state, if the child has no living parent and no
guardian.
(d)
Some suitable person appointed by the court to act in the proceeding as
next friend of the child to give or withhold consent, if the child has
no living parent and no guardian or next of kin qualified to consent.
(2)(a)
A person who gives consent to adoption under subsection (1) of this section
may agree concurrently or subsequently to the giving of such consent that
the consent shall be or become irrevocable, and may waive such person's
right to a personal appearance in court, by a duly signed and attested
certificate. The certificate of irrevocability and waiver shall be in
effect when the following are completed:
(A)
The child is placed for the purpose of adoption in the physical custody
of the person or persons to whom the consent is given;
(B)
The person or persons to whom consent for adoption is given have filed
a petition to adopt the child in a court of competent jurisdiction;
(C)
The court has entered an order appointing the petitioner or some other
suitable person as guardian of the child pursuant to ORS 109.335;
(D)
The Department of Human Services, an Oregon licensed adoption agency or
an attorney who is representing the adoptive parents has filed either
a department or an Oregon licensed adoption agency home study with the
court approving the petitioner or petitioners as potential adoptive parents
or the department has notified the court that the filing of such study
has been waived;
(E)
Information about the child's social, medical and genetic history required
in ORS 109.342 has been provided to an attorney or the department or an
Oregon licensed adoption agency by the person giving consent to the adoption;
and
(F)
The person signing the certificate of irrevocability and waiver has been
given an explanation by an attorney who represents the person and who
does not also represent the adoptive family, by the department or by an
Oregon licensed adoption agency of the consequences of signing the certificate.
(b)
Upon the fulfillment of the conditions in paragraph (a) of this subsection,
the consent for adoption may not be revoked unless fraud or duress is
proved with respect to any material fact.
(3)
Consent to the adoption of a child subject to the Indian Child Welfare
Act shall not be valid unless the requirements of the Indian Child Welfare
Act (25 U.S.C. 1901 et seq.) are met. In accordance with the Indian Child
Welfare Act a certificate of irrevocability is not valid for a child who
is subject to the Indian Child Welfare Act.
Laws
1957, c. 710, § 2 (109.312 to 109.329 enacted in lieu of 109.320);
Laws 1973, c. 823, § 106; Laws 1983, c. 302, § 2; Laws 1985,
c. 565, § 10; Laws 1987, c. 814, § 1; Laws 1991, c. 553, §
1; Laws 1993, c. 717, § 6.
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