Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 109.324

Consent when parent has deserted or neglected child

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      109.324 Consent when parent has deserted or neglected child. (1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent.

      (2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (3), except as provided in ORS 109.330 (8) if the child is an Indian child, if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent’s consent is not required, the court may proceed regardless of the objection of the parent.

      (3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:

      (a) Disregard incidental visitations, communications and contributions; and

      (b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.

      (4) This section does not apply when consent is given in loco parentis under ORS 109.325 or 109.327. [1957 c.710 §7 (109.312 to 109.329 enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369 §6; 2021 c.398 §24]

Notes of Decisions
Cited in 65 cases (7 in the last 5 years), 1960–2025 · leading case: Matter of Adoption of Eder
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Matter of Adoption of Eder (1991) or · cites it 50× “ORS 109.324. [1] *403 The court granted the petition and entered a decree of adoption.”
A. M. v. N. E. D. (2017) orctapp · cites it 7× “As authorized by ORS 109.324 and ORS 109.330, petitioners moved the court for an order allowing the adoption to proceed without mother’s consent on the ground that mother “willfully * * * neglected without just and sufficient cause to provide proper care and maintenance for [A]…”
Panter v. Ash (2001) orctapp · cites it 6× “The matter went to trial in January 2000, and the trial court found that mother and stepfather had failed to meet their burden of proof under ORS 109.324. On appeal, mother and stepfather assign error to the trial court’s determination that they failed to prove, by clear and…”
Matter of Adoption of Gibson (1983) orctapp · cites it 13× “On appeal, mother and stepfather contend that the trial court erred in finding that father did not wilfully desert his minor children and had not neglected them without just and sufficient cause.”
Moody v. Voorhies (1970) or · cites it 9× “The trial court found that the father had wilfully deserted the child without just and sufficient cause for a period of one year next preceding the filing of the petition and that consent of the father to the adoption was not required under ORS 109.324, which states in part: "*…”
Stubbs v. Weathersby (1995) or · cites it 5× “” ORS 109.324. A parent’s conduct constitutes willful neglect if, based on the totality of the evidence, the court concludes that, during the year preceding the filing of the petition for adoption, the non-consenting parent willfully failed to manifest substantial expressions of…”
Zockert v. Fanning (1990) or · cites it 3× “We hold that the clear and convincing standard is required in contested adoption proceedings under ORS 109.324. CONCLUSION The record is too sparse for this court to render a final decision on the merits of an issue of such importance to the parties.”
Matter of Adoption of Reeves (1976) orctapp · cites it 6× “Having failed to obtain the father’s consent to the adoption, the petitioners sought to prove that such consent was unnecessary by virtue of ORS 109.324, which provides in pertinent part: "* * * [I]f the court finds that such parent has wilfully deserted or neglected without…”
Mahoney v. Linder (1973) orctapp · cites it 7× “The trial court, in a 15-page memorandum, denied the petition for adoption on the grounds that petitioners had not proved the respondent had neglected or deserted the children within the meaning of ORS 109.324. The trial court also concluded that the grandparents did not have…”
Matter of Adoption of Leistikow (1978) orctapp · cites it 5× “The trial court found that the father had neglected the child within the purview of ORS 109.324 and granted the adoption over the objection of the child’s father, who appeals.”
In Re Adoption of Brown (1975) orctapp · cites it 10× “The petitioners' adoption petition was filed pursuant to ORS 109.324. That section provides: "If either parent is believed to have wilfully deserted or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding…”
C. R. H. v. B. F. (2007) orctapp · cites it 9× “ORS 109.324. We review the record in a contested stepparent adoption proceeding de novo to determine whether the parents who petitioned to adopt a child have established, by clear and convincing evidence, a ground for dispensing with the nonpetitioning parent’s consent to the…”
Show all 65 citing cases →
— Or. Rev. Stat. § 109.324(1) — 2 cases
A. M. v. N. E. D. (2017) orctapp “As authorized by ORS 109.324 and ORS 109.330, petitioners moved the court for an order allowing the adoption to proceed without mother’s consent on the ground that mother “willfully * * * neglected without just and sufficient cause to provide proper care and maintenance for [A]…”
Heath v. Peightal (2005) orctapp
— Or. Rev. Stat. § 109.324(2) — 5 cases
E. A. R. v. R. B. E. (2023) orctapp
T. S. R. v. J. B. C. (2013) orctapp
And B. T. V. v. B. J. V. (In re B. J. V.) (2019) orctapp
K. L. D. v. J. D. C. (2020) orctapp
Heath v. Peightal (2005) orctapp
— Or. Rev. Stat. § 109.324(3) — 2 cases
And B. T. V. v. B. J. V. (In re B. J. V.) (2019) orctapp
Heath v. Peightal (2005) orctapp
— Or. Rev. Stat. § 109.324(3)(a) — 1 case
E. A. R. v. R. B. E. (2023) orctapp
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