Oregon Revised Statutes

Or. Rev. Stat. § 109.332 (2026)

Grandparent visitation in stepparent adoption

✓ current as of May 2026

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109.332 Grandparent visitation in stepparent adoption. (1) When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition.

(2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:

(a) Establishing visitation rights is in the best interests of the child;

(b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and

(c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.

(3) As used in this section, “grandparent” includes a grandparent who has established custody, visitation or other rights under ORS 109.119. [1993 c.689 §2; 1993 c.717 §10; 1995 c.90 §4; 2001 c.873 §7; 2003 c.258 §3; 2005 c.22 §88; 2013 c.346 §12]

Note: 109.332 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 3 cases, 2000–2005 · leading case: Peters v. Costello, 891 A.2d 705 (Pa. 2005).

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Peters v. Costello, 891 A.2d 705 (Pa. 2005). · cites it 2× “2003) (grant of grandparental visitation under Section Five is voidable); Or.Rev.Stat. § 109.332; R.I. Gen. Laws §§ 15-5-24 to 15-5-24.”

Ring v. Jensen, 20 P.3d 205 (Or. Ct. App. 2001). · cites it 2× “4 1 We note that ORS 109.332 provides an alternative means for grandparent visitation, but that statute was not invoked here as a ground for visitation.”

Couch v. Couch, 11 P.3d 255 (Or. Ct. App. 2000). · cites it 2× “” After Grant was decided, the 1993 Legislature enacted ORS 109.332. That statute provides, in part: “(1) When a petition has been filed under ORS 109.”

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