Oregon

Overview

Original Birth Certificates. Oregon is an Unrestricted State. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to request and obtain their own original birth certificates. Oregon law also allows adult adopted people, at age 18, to request and obtain specific records from their court adoption proceedings.

Contact Preference Form. A birthparent may file a contact preference form that accompanies the original birth certificate, but it has no legal effect nor restriction on the right of the adult adopted person to receive a copy of the OBC.

It’s True. Oregon provides that a new certificate of birth after an adoption shall be prepared but not if “the court ordering the adoption requests that a replacement for the record not be established.” A number of states also allow adoptive parents and the adopted person to request that no new amended birth certificate be created after an adoption.

Court Records. Many but not all court records are available upon request to an adopted person who is at least 18 years of age. The scope of court records available depend on the date of the adoption, with more limited documents released for adoptions filed before January 1, 2014.

Identifying Information. Other than the original birth record available upon request—as well as specific court records at age 18—additional identifying information about an adoption is not available unless it is released through involvement of the state’s adoption registry.

Descendant Rights. Descendants of adopted people do not have specific rights to request the adopted person’s original birth certificate or court records. A court order is required to obtain the records.

Adoption Registry. Oregon maintains a voluntary adoption registry to facilitate contact and sharing of identifying information between adopted people, birthparents, and adult siblings. The program also offers “assisted search” services in which the state contracts with a searcher to help locate a “party to let them know that someone is looking for them and would like to have contact.” The assisted search service costs $400.

Adult Adoption. Oregon law provides for the adoption of adults. In general, a person may adopt another person who is 18 years of age or older or who is legally married. Consents from each petitioner and from the person to be adopted are required. In addition, at least one petitioner or the person to be adopted must reside in Oregon for at least six months before seeking an adoption. The court may (but is not required) to order that notice of the adoption proceeding be provided to the spouse of each petitioner, a person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner, and the adult children of each petitioner. Presumably this is to protect against vulnerable adults who are being adopted (or who are adopting).

Oregon Law: Vital Records and Birth Certificates

Relevant parts of Oregon vital records law. Oregon’s entire vital records statute is available here; it is not possible to link to individual portions of the statute.

432.108 Report of live birth for child of unknown parentage
(1) A person who assumes the custody of a child of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of the Center for Health Statistics, within five calendar days of assuming custody, to the state registrar the following information:

(a) The date and the city or county, or both, where the child was found.
(b) Sex and approximate live birth date of child.
(c) Name and address of the person or institution with whom the child has been placed for care.
(d) Name given to the child by the custodian of the child.
(e) Other data required by the state registrar.

(2) The place where the child was found shall be entered as the place of live birth.

(3) Information submitted under this section shall constitute the report of live birth for the child.

(4) If the child is identified and a live birth registration is found or obtained, the report submitted under this section and the live birth registration resulting from that report shall be voided and placed under seal and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule of the state registrar.

432.223 Reports of adoption; reports of amendments or annulments of judgment of adoption; persons required to report; rules
(1) For each judgment of adoption entered by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics. The report of adoption must:

(a) Include facts that the state registrar deems necessary to locate and identify the report of live birth of the person adopted;
(b) If the person was born in a foreign country, provide evidence from sources determined to be reliable by the court of the date and place of live birth;
(c) Include information necessary to establish a replacement report of live birth of the person adopted;
(d) Identify the final order of the judgment of adoption; and
(e) Be certified or authenticated by the clerk of the court as provided by the state registrar by rule.

(2) Information necessary to prepare a report of adoption must be furnished by the petitioner for adoption or by the petitioner’s legal representative. The Department of Human Services or any other person having knowledge of the facts shall supply the court with additional information that is necessary to complete the report of adoption. A court must receive the information required by this subsection before issuing a judgment of adoption.

(3) Whenever a judgment of adoption is amended or annulled, the clerk of the court shall prepare a report of the amendment or annulment that includes the facts necessary to identify the original report of adoption and the facts amended in the judgment of adoption that are necessary to amend a report of live birth.

(4) Twice a month as adopted by the state registrar by rule, the clerk of the court shall submit to the Center for Health Statistics reports of adoption or reports prepared under subsection (3) of this section.

(5) When the state registrar receives a report under subsection (4) of this section for a person born in another state, the state registrar shall forward the report to the state registrar in the state of live birth.

(6) If a live birth occurred in a foreign country and the child is not a citizen of the United States at the time of live birth, the state registrar shall prepare a record of foreign live birth as provided in ORS 432.245. If the live birth occurred in a neighboring country, the state registrar shall also send a copy of the report of adoption or any report prepared under subsection (4) of this section to the appropriate authority.

(7) If a live birth occurred in a foreign country and through parentage the child is a citizen of the United States, the state registrar shall notify the parents adopting the child of the procedures for obtaining a revised live birth record for their child through the United States Department of State. The state registrar shall not prepare a record of foreign live birth for a live birth described in this subsection.

432.228 Issuance of certified copy of record of live birth to adopted persons; Contact Preference Form
(1) Upon receipt of a written application to the State Registrar of the Center for Health Statistics, an adopted person 21 years of age and older born in this state shall be issued a certified copy of the person’s unaltered, original and unamended record of live birth in the custody of the state registrar, with procedures, filing fees, and waiting periods as prescribed by the state registrar by rule.

(2) A birth parent may at any time request from the state registrar or from a voluntary adoption registry a Contact Preference Form that shall accompany a certified copy issued under subsection (1) of this section. The Contact Preference Form shall provide the following information to be completed at the option of the birth parent:

(a) I would like to be contacted;
(b) I would prefer to be contacted only through an intermediary; or
(c) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will register with the voluntary adoption registry. I have completed an updated medical history and have filed it with the voluntary adoption registry. Attached is a certificate from the voluntary adoption registry verifying receipt of the updated medical history.

(3) A certificate from a voluntary adoption registry verifying receipt of an updated medical history under subsection (2) of this section shall be in a form prescribed by the Oregon Health Authority and shall be supplied upon request of the birth parent by the voluntary adoption registry.

(4) When the state registrar receives a completed Contact Preference Form from a birth parent, the state registrar shall match the Contact Preference Form with the adopted person’s record of live birth. The Contact Preference Form shall be made a part of the adopted person’s record of live birth when a match is made.

(5) A completed Contact Preference Form shall be confidential and shall be placed in a secure file until a match with the adopted person’s record of live birth is made and the Contact Preference Form is placed in the adopted person’s record.

(6) Only those persons who are authorized to process applications made under subsection (1) of this section may process Contact Preference Forms.

432.245 Replacing records of live birth; restoring records of live birth
(1) For a person born in this state, the State Registrar of the Center for Health Statistics shall amend a record of live birth and establish a replacement for the record if the state registrar receives one of the following:

(a) A report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption, with the information necessary to identify the original record of live birth and to establish a replacement for the record, unless the court ordering the adoption requests that a replacement for the record not be established;
(b) A request that a replacement record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule or ordered by a court of competent jurisdiction in this state that has determined the paternity of a person;
(c) A written and notarized request, signed by both parents, acknowledging paternity; or
(d) A certified copy of a judgment that indicates that an individual born in this state has completed sexual reassignment and that the sex on the record of live birth must be changed.

(2) To change a person’s name under subsection (1) of this section, the request or court order must include the name that currently appears the record of live birth and the new name to be designated on the replacement for the record. The new name of the person shall be shown on the replacement for the record.

(3) Upon receipt of a certified copy of a court order to change the name of a person born in this state as authorized by 18 U.S.C. 3521 et seq., the state registrar shall create a replacement for a record of live birth to show the new information as specified in the court order.

(4) When a replacement for a record of live birth is prepared, the city, county and date of live birth must be included in the replacement. The replacement for the record must be substituted for the original record of live birth. The original record of live birth and all evidence submitted with the request or court order for the replacement for the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

(5) Upon receipt of an amended judgment of adoption, the record of live birth shall be amended by the state registrar as provided by the state registrar by rule.

(6) Upon receipt of a report of annulment of adoption or a court order annulling an adoption, the original record of live birth must be restored. The replacement for the record of live birth is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

(7) If there is no record of live birth for a person for whom a replacement for the record is sought under this section and the court issues an order indicating a date of live birth more than one year from the date submitted to the Center for Health Statistics, the replacement for the record of live birth shall be created as a delayed record of live birth.

(8) The state registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom a judgment of adoption was issued by a court of competent jurisdiction in this state if the court, the parents adopting the child or the adopted person, if the adopted person is 18 years of age or older, requests the record. The record must be labeled “Record of Foreign Live Birth” and shall show the actual country of live birth. After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

(9) A replacement record of live birth may not be created under this section if the date and place of live birth have not been determined by the court order.

432.250. Access to adoption records
The documents forwarded to the State Registrar of the Center for Health Statistics or sealed under ORS 432.245 may be opened by the state registrar only upon receiving an order from a court of competent jurisdiction or when requested by an agency operating a voluntary adoption registry established under ORS 109.450 for the purpose of facilitating the identification of persons registering under the provisions of ORS 109.425 to 109.507

432.253 Adding or changing biological parent on original record of live birth; rules; fees.
(1) If an original record of live birth for a person at least 21 years of age was sealed under ORS 432.228 or 432.245 and was later opened under ORS 432.250, and the paternity or parentage of the person has been determined by DNA (deoxyribonucleic acid) testing or by other means, the person may apply to the Center for Health Statistics to add or change the name of a biological parent on the original record of live birth.

(2) An application under this section must include:

(a) Evidence of a DNA test or other evidence that shows that the person whose name is to be entered as a biological parent is the biological parent of the applicant; and
(b)(A) If the person whose name is to be entered as a biological parent is living, an affidavit attesting that the person is a biological parent of the applicant and that the name to be entered is that of the biological parent that was omitted from the original record of live birth; or

(B) If the person whose name is to be entered as a biological parent is deceased, an affidavit from the personal representative or a relative of the person attesting that the person is a biological parent of the applicant and that the name to be entered is that of the biological parent that was omitted from the original record of live birth.

(3) If the name of a biological parent is entered on an original record of live birth under this section:

(a) A person may only obtain a noncertified copy of a record of live birth amended under this section.
(b) A notation indicating that the record was amended must be shown on all copies of the record.
(c) The center shall prominently display the following language on all copies of the record: “THIS RECORD OF LIVE BIRTH MAY NOT BE USED FOR ANY LEGAL PURPOSE AND DOES NOT CREATE ANY LEGAL RIGHTS FOR THE CHILD OR THE PARENTS LISTED ON THE RECORD.”

(4) The center shall adopt rules regarding:

(a) The establishment and collection of fees for the preparation and registration of an amended original record of live birth and for the issuance of a noncertified copy of an amended original record of live birth under this section.
(b) Consent and affidavit forms, proof of identification requirements and the evidentiary requirements to substantiate that a person is an omitted biological parent of an applicant under this section.

Oregon Law: Court Records

Relevant parts of Oregon adoption law. Oregon’s entire adoption statute is available here; it is not possible to link to individual portions of the statute below.

109.266. Definitions for ORS 109.266 to 109.410
As used in ORS 109.266 to 109.410, unless the context requires otherwise:
(1) “Continued custody” of an Indian child has the meaning described in ORS 419B.606.

(2) “Home study” means a written report documenting the result of an assessment conducted by the Department of Human Services, a licensed adoption agency or other public agency to evaluate the suitability of a prospective adoptive parent or parents to adopt.

(3) “ICWA compliance report” means a written report prepared by the department after the petition for adoption or readoption has been filed, as described in ORS 109.278.

(4) “Indian child” has the meaning given that term in ORS 419B.603.

(5) “Placement report” means a written report prepared by the department or by an Oregon licensed adoption agency after the petition for adoption has been filed that includes the department’s or the agency’s recommendation to the court concerning whether the court should grant the petition for adoption based upon the department’s or the agency’s evaluation of:

(a) The status and adjustment of the child; and
(b) The status and adjustment of the child’s prospective adoptive parent.

(6) “Records, papers and files” means all documents, writings, information, exhibits and other filings retained in the court’s record of an adoption case pursuant to ORS 109.289, and includes but is not limited to the Adoption Summary and Segregated Information Statement described in ORS 109.287, and exhibits attached to the statement, the petition and exhibits attached to the petition pursuant to ORS 109.285, and any other motion, judgment, document, writing, information, exhibit or filing retained in the court’s record of the adoption case.

109.289 Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees.
(1) The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court.

(2) The clerk, court administrator and any other person having custody of the records, papers and files in the court’s record of an adoption case shall cause the records, papers and files, both prior to entry of judgment and after entry of judgment of adoption, to be sealed. The clerk, court administrator and any other person having custody of the records, papers and files shall not unseal or allow inspection or copying of or disclose any information in the records, papers and files to any person or entity, except as provided in this section or pursuant to ORS 109.305 to 109.410 or 109.425 to 109.507.

(3) Prior to entry of judgment in an adoption proceeding, and after entry of judgment in an adoption proceeding but prior to the minor child who is the subject of the adoption proceeding attaining 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court’s record of an adoption case without a court order:

(a) Presiding judges and judges of the court operating under the Judicial Department, and court staff or other persons operating under the direction of the presiding judges or judges;

(b) Petitioners and their attorneys of record; and

(c) The Department of Human Services.

(4) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court’s record of the adoption case without a court order:

(a) Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges;

(b) The person who was the minor child in the adoption proceeding, except that the person who was the minor child in the adoption proceeding may not inspect or copy the home study approved under ORS 109.309 (7) except pursuant to a court order and with good cause;

(c) Petitioners and their attorneys of record; and

(d) The Department of Human Services.

(5)(a) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, an individual whose consent for the adoption is required under ORS 109.321 may file a motion with the court to inspect and copy sealed records, papers and files that are maintained in the court’s record of the adoption case.

(b) Except as provided in paragraph (c) of this subsection, the court shall grant the motion except for good cause but must exclude from inspection and copying:

(A) For adoption cases filed on or after January 1, 2014:

(i) The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.317; and
(ii) Exhibits described in ORS 109.317 (2) that are contained in the court’s record of the adoption case.

(B) For adoption cases filed before January 1, 2014:

(i) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767;
(ii) A home study;
(iii) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted;
(iv) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the biological parents; and
(v) Addresses, phone numbers and Social Security numbers of persons or entities described in ORS 109.317 (1)(a) to (d) that are contained in the court’s record of the adoption case.

(c) If the Department of Human Services consented or has the authority to consent to the adoption of a minor child under ORS 109.325 or 419B.529:

(A) A parent who has signed a release and surrender to the department under ORS 418.270, that was accepted by the department, or whose parental rights were terminated under ORS 419B.500 and 419B.502 to 419B.524, may file a motion with the court to inspect or copy sealed records, papers and files that are maintained in the court’s record of the adoption case but may not be granted the right to inspect or copy:

(i) For adoption cases filed on or after January 1, 2014:

(I) The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.317; and
(II) Exhibits described in ORS 109.317 (2) that are contained in the court’s record of the adoption case.

(ii) For adoption cases filed before January 1, 2014:

(I) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767;
(II) A home study;
(III) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted; and
(IV) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the biological parents.

(B)(i) The court may grant the motion for good cause. The name, address, phone number, Social Security number or other identifying information of any individual or entity contained in the records, papers and files must be redacted and may not be disclosed as part of the inspection or copying allowed under this paragraph.

(ii) Notwithstanding sub-subparagraph (i) of this subparagraph, the name of the parent filing the motion and the name, bar number and contact information for any attorney of record in the case may be disclosed as part of the inspection or copying allowed under this paragraph.

(d) The fee imposed and collected by the court for the filing of a motion under this subsection by the birth parent of an adult adoptee shall be in accordance with ORS 21.145, except that a fee may not be imposed or collected for a motion filed under this subsection for adoptions where the Department of Human Services consented to the adoption under ORS 109.325 or 419B.529.

(6) Except as provided in subsection (5)(c) of this section, an individual or entity that signed a record, paper or document in a file contained in the court’s record of the adoption case is entitled to inspect and obtain a copy of that record, paper or document without a court order. The signature and name of any other individual or entity on the same record, paper or document must be redacted or otherwise not disclosed as part of the inspection and copying permitted under this subsection.

(7)(a) Any documents, writings, information and other records retained by the Department of Human Services or an Oregon licensed child-caring agency as defined in ORS 418.205 in the department’s or agency’s record of an adoption case that are not records, papers and files in the court’s record of the adoption case are confidential and must be sealed. Any records, documents or information, including records, papers and files in the court’s record of the adoption case, retained by the department or agency in its record of an adoption case may be accessed, used or disclosed only as provided in this section or ORS 109.305 to 109.410 or 109.425 to 109.507, or pursuant to a court order for good cause.

(b) The department or agency may, without a court order, access, use or disclose any records, documents or information retained by the department or agency in its record of an adoption case, including records, papers and files in the court’s record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law.

(8) Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files that are maintained in the court’s record of an adoption case for good cause.

(9) Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioner’s attorney of record or to the Department of Human Services.

(10) The provisions of this section do not apply to the disclosure of information under ORS 109.425 to 109.507.

(11) Except as provided in subsection (5)(d) of this section, the court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees.

(12) Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the court’s record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files.

(13) When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court.

(14)(a) When an Indian child’s tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available no later than 14 days following the date of the request.

(b) The records made available under this subsection must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding and, if the placement departs from the placement preferences under ORS 419B.654, detailed documentation of the efforts to comply with the placement preferences.

Oregon Law: Adoption Generally

Relevant parts of Oregon adoption law. Oregon’s entire adoption statute is available here; it is not possible to link to individual portions of the statute below.

109.328. Consent of child 14 years of age or older
If the child is 14 years of age or older, the adoption shall not be made without the consent of the child. The consent required by this section is in addition to, and not in lieu of, the consent otherwise required by law.

109.331 Consenting agency disclosure of county and case number of adoption proceeding
The Department of Human Services or an approved child-caring agency of this state that has consented to the adoption of a child under ORS 109.325 shall, upon request and if available, disclose the county in which the adoption was finalized and the case number of the adoption proceeding to:

(1) An adult adoptee;

(2) A birth parent who has consented to the adoption and signed a release and surrender or whose parental rights have been terminated; or

(3) A parent or guardian of a minor child who was the subject of an adoption proceeding.

109.342 Medical history of child and biological parents required; content; form
(1) Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the biological parents as complete as possible under the circumstances.

(2) When possible, the medical history shall include, but need not be limited to:

(a) A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any;

(b) Physical characteristics of the biological parents, including age at the time of the adoptee’s birth, height, weight, and color of eyes, hair and skin;

(c) A gynecologic and obstetric history of the biological mother;

(d) A record of potentially inheritable genetic or physical traits or tendencies of the biological parents or their families; and

(e) Any other useful or unusual biological information that the biological parents are willing to provide.

(3) The names of the biological parents shall not be included in the medical history.

(4) Subsection (1) of this section does not apply when a person is adopted by a stepparent.

(5) The Department of Human Services shall prescribe a form for the compilation of the medical history. 

109.360 Change of adopted child’s name
If in a petition for the adoption of a child a change of the child’s name is requested, the court, upon entering a judgment granting the adoption, may also provide in the judgment for the change of the name without the notice required by ORS 33.420.

109.381 Effect of judgment of adoption
(1) A judgment of a court of this state granting an adoption, and the proceedings in such adoption matter, shall in all respects be entitled to the same presumptions and be as conclusive as if rendered by a court of record acting in all respects as a court of general jurisdiction and not by a court of special or inferior jurisdiction, and jurisdiction over the persons and the cause shall be presumed to exist.

(2) Except for such right of appeal as may be provided by law, judgments of adoption shall be binding and conclusive upon all parties to the proceeding. No party nor anyone claiming by, through or under a party to an adoption proceeding, may for any reason, either by collateral or direct proceedings, question the validity of a judgment of adoption entered by a court of competent jurisdiction of this or any other state.

(3) After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the child’s natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law.

109.382 Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress
(1) A petition to vacate a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 may be filed in a state or local court of competent jurisdiction by a parent who consented to the adoption.

(2) Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child’s tribe.

(3) After a hearing on the petition, the court shall vacate the judgment of adoption if:

(a) The petition is filed no later than four years following the date of the judgment; and
(b) The court finds that the parent’s consent was obtained through fraud or duress.

(4) When the court vacates a judgment of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a transition plan for the physical custody of the child.

109.385. Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees
(1) As used in this section, “readoption” means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state.

(2) An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the state or of the federal government.

(3) A copy of a decree, order, judgment, certificate or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this state that the adoption was legal and valid.

(4) Notwithstanding subsection (2) of this section, an adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides.

(5) Except as otherwise provided in this section, ORS 109.285 does not apply to a petition for readoption under this section.

(6) A petition for readoption must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following:

(a) The full name of the petitioner;
(b) The current marital or domestic partnership status of the petitioner;
(c) If the readoption is of a minor child, information sufficient for the court to establish that the petitioner has complied with the jurisdictional requirements of ORS 109.276 (4);
(d) The gender and full birth name, adopted name and any other alias of the person sought to be readopted;
(e) A statement of the place and date of the person’s birth in the foreign nation;
(f) A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption;
(g) A statement that the person’s entry into the United States has complied with applicable federal immigration laws;
(h) If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child;
(i) If the readoption is of a minor child, whether a continuing contact agreement exists under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred, including the names of the parties to the agreement and the date of execution;
(j) A statement of the desired new adoptive name for the person to be readopted;
(k) If applicable, a statement that the birthdate listed on the person’s foreign nation birth documents is believed to be inaccurate and a description of the evidence that supports the petitioner’s belief;
(l) A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under ORS 109.410 and a certified copy of the general judgment of adoption; and
(m)(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) the petitioner made to determine whether there is reason to know that the child is an Indian child;

(B) A statement that the petitioner has reason to know that the child is an Indian child or the petitioner does not have reason to know that the child is an Indian child; and
(C) If the petitioner has reason to know that the child is an Indian child:

(i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (2); or

(ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding that good cause exists for placement contrary to the placement preferences and a statement describing the details supporting the petitioner’s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4).

(7)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition and the documents filed as exhibits under subsection (9) of this section and, if applicable, a copy of the declaration of compliance described in paragraph (b) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.

(b) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

(A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to:

(i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;
(ii) The child’s parents;
(iii) The child’s Indian custodian, if applicable; and
(iv) 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.

(B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

(8) A petition filed under this section must, if applicable, request the following:

(a) Entry of a general judgment of adoption;
(b) That the petitioner be permitted to readopt the person as the child of the petitioner for all legal intents and purposes;
(c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the person sought to be readopted;
(d) Approval of a change to the name of the person to be readopted;
(e) If applicable, a finding that a continuing contact agreement entered into under ORS 109.268, or a similar law applicable to the nation where the foreign nation adoption occurred, is in the best interests of the minor child and that the court incorporate the continuing contact agreement by reference into the adoption judgment;
(f) If applicable, a finding that the evidence of the person’s birthdate listed on the foreign nation adoption documents is inaccurate and that the evidence presented by the petitioner supports a change to the birthdate of the person to be readopted;
(g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223;
(h) If the readoption is of a minor child, that all records, papers and files in the record of the readoption case be sealed as provided under ORS 109.289;
(i) A finding that the child is or is not an Indian child;
(j) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2);
(k) If the child is an Indian child:

(A) The determinations required under ORS 419B.621 regarding the Indian child’s residence, domicile and wardship status;
(B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and
(C) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, upon the petitioner’s motion under ORS 419B.654 (3), that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2); and

(L) Any other relief requested by the petitioner.

(9) A petition filed under this section must, if applicable, have the following attached as exhibits:

(a) True copies of the foreign nation birth certificate of the person to be readopted, accompanied by an English translation, if necessary;

(b) True copies of the foreign nation adoption decree, order, judgment, certificate or similar document accompanied by an English translation, if necessary;

(c) True copies of the foreign nation passport and proof of legal residency in the United States for the person sought to be readopted;

(d) If applicable, a true copy of any continuing contact agreement entered into under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred;

(e) If applicable, the written disclosure statement required under ORS 109.281; and

(f) Any other supporting documentation necessary to comply with the petition requirements in this section.

(10)(a) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for readoption of a minor child. The statement must summarize information in the readoption proceeding and include additional information and attached exhibits as required under this subsection. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner:

(A) The full name, permanent address and telephone number of each petitioner;
(B) The current full name, the proposed adoptive name and the date and place of birth of the minor child;
(C) The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834; and
(D) The name, bar number and contact information for any attorney representing a petitioner.

(b) An Adoption Summary and Segregated Information Statement must attach as an exhibit:

(A) A home study that has been approved under ORS 109.276; and
(B) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics as required under ORS 432.223.

(c) The petitioner has a continuing duty to inform the court of any change to the information required by this subsection or when information that was not previously known or ascertainable becomes known or ascertainable.

(d) The Adoption Summary and Segregated Information Statement and the exhibits submitted under this subsection are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 to 109.410 or 109.425 to 109.507. The Adoption Summary and Segregated Information Statement and the exhibits submitted under this section must be segregated in the record of the adoption case from other records, papers and files in the record of the adoption case.

(11)(a) A petition filed under this section is exempt from any requirement for one or more of the following:

(A) Compliance with the consent requirements of ORS 109.301 to 109.330;
(B) A statement that the requirements of ORS 109.353 regarding advisement about the voluntary adoption registry and the registry’s services have been met;
(C) A statement that the requirements of ORS 109.346 regarding notice of the right to counseling sessions have been met; and
(D) Provision of a placement report under ORS 109.276 (8).

(b) Paragraph (a) of this subsection does not apply if the child is an Indian child.

(12) The requirements for keeping a separate record of the case, for sealing the records, papers and files in an adoption proceeding and for the conditions under which inspection and copying of sealed records, papers and files in the court’s record of an adoption case set forth in ORS 109.289 apply to proceedings for readoption under this section.

(13)(a) The court may find that a person’s birthdate listed on the person’s foreign nation birth documents is inaccurate based upon a finding that the preponderance of the evidence demonstrates that the birthdate is inaccurate and that the age or birthdate proposed by the petitioner is accurate.

(b) Evidence that the court may consider in making the finding and order under this subsection includes, but is not limited to, one or more of the following:

(A) Medical evaluations;
(B) Birth certificates;
(C) School records;
(D) Dental evaluations;
(E) Psychological evaluations;
(F) Bone density tests; and
(G) Social evaluations.

(14) The fee imposed and collected by the court for the filing of a petition under this subsection shall be in accordance with ORS 21.145, except that when separate petitions for readoption of multiple minor children are concurrently filed under this section by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged.

Relevant Oregon Law: Adult Adoption

109.329 Adoption of person 18 years of age or older or legally married
(1) Subject to subsection (2) of this section, any person may petition the circuit court for leave to adopt a person who is 18 years of age or older or who is legally married. The petition shall be accompanied by the written consent of each petitioner and the written consent of the person to be adopted. The written consents shall be filed with the petition.

(2) In addition to the written consents required under subsection (1) of this section, an adoption of a person who is 18 years of age or older or who is legally married is governed by the following:

(a) One petitioner or the person to be adopted must have resided in this state continuously for a period of six months prior to the filing of the petition; and

(b) The petition must be filed in the county in which one petitioner or the person to be adopted resides.

(3) The court may grant the petition if the court finds, from the allegations set forth in the petition, that each petitioner:

(a) Understands the significance and ramifications of the adoption; and
(b) Is not acting under duress, coercion or undue influence.

(4) In a proceeding under this section, the court may:

(a) Appoint counsel for each petitioner or for the person to be adopted or both or appoint a visitor, as provided in ORS 125.150. If the court appoints counsel or a visitor or both under this paragraph, the court shall apportion the costs among each petitioner and the person being adopted.

(b) Hold a hearing.

(c) On the court’s own motion, take testimony from or hold a conference with each petitioner and the person to be adopted. The court may hold a conference with one party and exclude the other party from the conference. In such a case, the court shall allow the attorney for the excluded party to attend the conference.

(d) Require that notice of the proceeding be provided by each petitioner to any or all of the following:

(A) The spouse of each petitioner.
(B) A person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner.
(C) The adult children of each petitioner.

(5) If, upon a petition for adoption presented and consented to in writing by each petitioner and the person to be adopted, the court is satisfied as to the identity and relations of each petitioner and the person to be adopted, that each petitioner understands the significance and ramifications of the adoption, that each petitioner is not acting under duress, coercion or undue influence and that it is fit and proper that the adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the person to be adopted, for all legal intents and purposes, is the child of the petitioner or petitioners.

(6) The provisions of ORS 109.274, 109.276, 109.285, 109.287, 109.289, 109.342 and 109.353 do not apply to an adoption under this section.