Oregon Revised Statutes

Or. Rev. Stat. § 109.041 (2026)

Relationship between adopted child and natural and adoptive parents

✓ current as of May 2026

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109.041 Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and

(a) The adoptive parents of the adopted person, their descendants and kindred, and

(b) The natural parents of the adopted person, their descendants and kindred shall be the same to all legal intents and purposes after the entry of such judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents.

(2) When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent. [1953 c.650 §1; 2003 c.576 §134]

Notes of Decisions

Cited in 25 cases (7 in the last 5 years), 1963–2024 · leading case: White v. Mulvania, 575 S.W.2d 184 (Mo. 1978).

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White v. Mulvania, 575 S.W.2d 184 (Mo. 1978). · cites it 2× “" Or.Rev.Stat. § 109.041(1) (1977) provides: "The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and his descendants and (a) His adoptive parents, their…”

Est. of Hood v. Hatfield, 383 P.2d 1021 (Or. 1963). · cites it 5× “*41 The petitioner points to ORS 109.041 as sneh a statute. It reads: “(1) The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and his descendants and “(a)…”

State Ex Rel. Grant v. Keegan, 836 P.2d 167 (Or. Ct. App. 1992). · cites it 8× “ORS 109.041 provides: "(1) The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and "(a) The adoptive parents of the…”

In the Matter of Marriage of Hruby & Hruby, 748 P.2d 57 (Or. 1987). “See ORS 109.041; ORS 109.050. 2 The parties to a civil action may request that the action be referred to a reference judge.”

State Ex Rel. Costello v. Cottrell, 867 P.2d 498 (Or. 1994). · cites it 2× “ORS 109.041(1). 4 Therefore, after a valid adoption decree is entered, only the adoptive grandparents, and not the birth grandparents, may obtain visitation rights under ORS 109.”

First Nat. Bank of Oregon v. Schwerin, 635 P.2d 388 (Or. Ct. App. 1981). · cites it 6× “ORS 109.041, enacted in 1953 and in effect when Louis C.”

Dep't of Revenue v. Martin, 474 P.2d 355 (Or. Ct. App. 1970). · cites it 3× “212 (repealed in 1969 at the time of the adoption of the new probate code, but applicable in this case) provided that in applying the laws of descent and distribution of this state: “* * * [T]he same effect shall be given to an adoption as it is set forth in ORS 109.041…”

Rogers v. Dep't of Revenue, 587 P.2d 91 (Or. 1978). · cites it 2× “At the time of the adoption pertinent statutes provided: "The effect of a decree of adoption * * * shall be that the relationship, rights and obligations between an adopted person and [his adoptive parents] * * * shall be the same to all legal intents and purposes * * * as if…”

Barnum v. Dep't of Revenue, 5 Or. Tax 508 (Or. T.C. 1974). · cites it 5× “175) appears to remove an adopted child from the definition of “child” of his natural parents, this court must decide whether such apparent removal may be *511 transferred from the domestic relations section of the Oregon statutes to the probate law section.”

In the Matter of Marriage of Wilson & Wilson, 110 P.3d 1106 (Or. Ct. App. 2005). “” Oregon law, however, distinguishes between, on the one hand, “natural” parents and “adoptive” parents (whom we call “legal” parents), who are treated the same, ORS 109.041; ORS 109.050, and, on the other hand, foster parents, stepparents, and other nonparents.”

Mickey v. Beinhauer, 786 P.2d 1317 (Or. Ct. App. 1990). · cites it 2× “ORS 109.041 provides: *532 “(1) The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and “(a) The adoptive parents of…”

In re the Visitation of Grant, 836 P.2d 167 (Or. Ct. App. 1992). · cites it 8× “Mother contends that, pursuant to ORS 109.041 (l)(b), the adoption decree terminated petitioner’s rights and obligations as a grandparent and, along with that, his right to visitation.”

Show all 25 citing cases →

— Or. Rev. Stat. § 109.041(1) — 12 cases

White v. Mulvania, 575 S.W.2d 184 (Mo. 1978). “" Or.Rev.Stat. § 109.041(1) (1977) provides: "The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and his descendants and (a) His adoptive parents, their…”

State Ex Rel. Costello v. Cottrell, 867 P.2d 498 (Or. 1994). “ORS 109.041(1). 4 Therefore, after a valid adoption decree is entered, only the adoptive grandparents, and not the birth grandparents, may obtain visitation rights under ORS 109.”

Rogers v. Dep't of Revenue, 587 P.2d 91 (Or. 1978). “At the time of the adoption pertinent statutes provided: "The effect of a decree of adoption * * * shall be that the relationship, rights and obligations between an adopted person and [his adoptive parents] * * * shall be the same to all legal intents and purposes * * * as if…”

State Ex Rel. Grant v. Keegan, 836 P.2d 167 (Or. Ct. App. 1992). “ORS 109.041 provides: "(1) The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and "(a) The adoptive parents of the…”

In re the Visitation of Grant, 836 P.2d 167 (Or. Ct. App. 1992). “Mother contends that, pursuant to ORS 109.041 (l)(b), the adoption decree terminated petitioner’s rights and obligations as a grandparent and, along with that, his right to visitation.”

— Or. Rev. Stat. § 109.041(1)(b) — 1 case

— Or. Rev. Stat. § 109.041(2) — 3 cases

J. W. v. v. J. L. W., 525 P.3d 1237 (Or. Ct. App. 2023).

D. S., 534 P.3d 283 (Or. Ct. App. 2023).

D. S. (Or. Ct. App. 2023).

— Or. Rev. Stat. § 109.041(l)(b) — 3 cases

Couch v. Couch, 11 P.3d 255 (Or. Ct. App. 2000).

Mickey v. Beinhauer, 786 P.2d 1317 (Or. Ct. App. 1990). “ORS 109.041 provides: *532 “(1) The effect of a decree of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and “(a) The adoptive parents of…”

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