109.092
Obligation to recognize responsibility for conception; surrender of child for
adoption. (1) When
it is determined that a person is pregnant with a child, the person and any
individual to whom the pregnant person is not married and with whom the
pregnant person engaged in sexual intercourse at approximately the time of
conception have an obligation to recognize that the individual may be the other
person responsible for the conception.
(2)(a) During the
months of pregnancy, the individual may join the pregnant person in
acknowledging parentage and assuming the rights and duties of expectant
parenthood.
(b) If the
individual acknowledges parentage of the expected child and the pregnant person
denies that the individual is the genetic parent of the child or refuses to
join the individual in acknowledging parentage, the individual may seek relief
under ORS 109.125.
(c) If the
pregnant person wants the individual to acknowledge the individual’s parentage
of the expected child and the individual denies parentage or refuses to
acknowledge parentage, the pregnant person may seek relief under ORS 109.125.
(3) If after the
birth of the child the parent who gave birth to the child decides to surrender
the child for adoption and parentage has not been acknowledged as provided in
ORS 109.065 (5) or the alleged genetic parent has not asserted parental rights
in proceedings to adjudicate parentage of the child, the parent who gave birth
to the child has the right without the consent of the alleged genetic parent to
surrender the child as provided in ORS 418.270 or to consent to the child’s
adoption.
(4) Subsection
(3) of this section does not apply if the child is an Indian child, as defined
in ORS 419B.603. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §§13,19; 2017 c.651
§18; 2021 c.398 §43; 2025 c.592 §11]
Notes of Decisions
Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013).
· cites it 2× “062 (1979) (same); Ore. Rev. Stat. §§109.092, 109.312 (1975) (same); S.”
Hylland v. Doe, 867 P.2d 551 (Or. Ct. App. 1994).
· cites it 6× “Adoptive parents argue that father’s consent was not required because ORS 109.092 provides just such a statutory exception.”
Kessel v. Leavitt, 511 S.E.2d 720 (W. Va. 1998).
· cites it 2× “See Or.Rev.Stat. § 109.092 (1975) (Act, 1975 Oregon Laws 1600, ch.”
State v. Edmiston, 602 P.2d 282 (Or. Ct. App. 1979).
“For example, ORS 109.092 permits a mother to unilaterally consent to adoption of the child where the father has not established his paternity.”
Gruett v. Nesbitt, 17 P.3d 1090 (Or. Ct. App. 2001).
· cites it 4× “The petition alleged father’s identity but, citing ORS 109.092 and ORS 109.096(3), asserted that he had statutorily waived any objection to the adoption.”
G.S.B. v. S.M.D., 720 P.2d 1339 (Or. Ct. App. 1986).
· cites it 2× “ORS 109.092. 1 She consented to the child’s adoption, without the consent of plaintiff, when he had not yet asserted his rights.”
Couch v. Couch, 11 P.3d 255 (Or. Ct. App. 2000).
“070 or acknowledged under ORS 109.092.” After Grant was decided, the 1993 Legislature enacted ORS 109.”
Hiskey v. Hamilton, 824 P.2d 1170 (Or. Ct. App. 1992).
· cites it 2× “Edmiston, 43 Or App 13 , 15 n 3, 602 P2d 282 (1979); ORS 109.092. 4 However, a mother’s right to consent *45 unilaterally to a child’s adoption does not abrogate or dispense with the requirement that notice of an adoption proceeding must be given to a putative father who is…”
Sause & Schnitzer (Or. 2023).
“285(1)(g) (2021); ORS 109.092 (2015), amended by Or Laws 2017, ch 651, § 18 (all so demonstrating).”
Sause & Schnitzer (Or. 2023).
“285(1)(g) (2021); ORS 109.092 (2015), amended by Or Laws 2017, ch 651, § 18 (all so demonstrating).”
Sause & Schnitzer (Or. 2023).
“285(1)(g) (2021); ORS 109.092 (2015), amended by Or Laws 2017, ch 651, § 18 (all so demonstrating).”
Annotations are extracted automatically from the opinions in the
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