109.430 Policy
and purpose. It is
the policy of this state that adoption is based upon the legal termination of
parental rights and responsibilities of birth parents and the creation of the
legal relationship of parents and child between an adoptee and the adoptive
parents. These legal and social premises underlying adoption must be
maintained. The state recognizes that some persons who were adopted as children
have a strong desire to obtain identifying information about their birth
parents, alleged genetic parent or genetic siblings while other such adoptees
have no such desire. The state further recognizes that some birth parents have
a strong desire to obtain identifying information about their genetic children
who were adopted, while other birth parents have no such desire. The state
fully recognizes the right to privacy and confidentiality of birth parents
whose children were adopted, the adoptees and the adoptive parents. The purpose
of ORS 109.425 to 109.507 and 432.250 is to:
(1) Set up a
voluntary adoption registry where birth parents, alleged genetic parents,
adoptees and genetic siblings of adoptees may register their willingness to the
release of identifying information to each other;
(2) Provide for
the disclosure of identifying information to birth parents and their progeny
through a person employed or approved by a licensed adoption agency or the
Department of Human Services, if the relevant persons for such disclosure are
registered;
(3) Provide for
the transmission of nonidentifying health and genetic and social histories of
adoptees, birth parents, alleged genetic parents, genetic siblings of adoptees
and other specified persons; and
(4) Provide for
disclosure of specific identifying information to Indian tribes or governmental
agencies when needed to establish the adoptee’s eligibility for tribal
membership or for benefits or to a person responsible for settling an estate
that refers to the adoptee. [1983 c.672 §1; 1989 c.372 §5; 1995 c.79 §40; 1995
c.730 §8; 1997 c.442 §2; 2013 c.346 §15; 2015 c.200 §2; 2025 c.592 §129]
Note: See note under 109.425.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1985–2024 · leading case:
Zockert v. Fanning, 800 P.2d 773 (Or. 1990).
Zockert v. Fanning, 800 P.2d 773 (Or. 1990).
· cites it 3× “6 In an adoption proceeding, an Oregon court must first determine that a parent consents or that there is a statutory substitute for consent before it may turn to the second question of whether the requested adoption should, in the best interests of the child, be granted.”
McCulley v. Bone, 979 P.2d 779 (Or. Ct. App. 1999).
· cites it 2× “ORS 109.430(1). That registry is managed and regulated by the State Office for Services to Children and Families (SOSCF).”
J. W. v. v. J. L. W., 525 P.3d 1237 (Or. Ct. App. 2023).
“We review the record of the adoption proceeding de novo because the court was required to address father and stepmother’s request to terminate mother’s parental rights as a part of the proceeding.”
M. F. v. H. S. -s., 336 Or. App. 256 (Or. Ct. App. 2024).
“The trial court held a hearing regarding the adoption on March 4, 2024, and on March 5, 2024, the trial court entered a letter opinion, concluding that it was appropriate to grant father and stepmother’s petition for adoption without mother’s consent.”
M. F. v. H. S. -s., 336 Or. App. 256 (Or. Ct. App. 2024).
“The trial court held a hear- ing regarding the adoption on March 4, 2024, and on March 5, 2024, the trial court entered a letter opinion, concluding that it was appropriate to grant father and stepmother’s petition for adoption without mother’s consent.”
— Or. Rev. Stat. § 109.430(1) — 3 cases
McCulley v. Bone, 979 P.2d 779 (Or. Ct. App. 1999).
“ORS 109.430(1). That registry is managed and regulated by the State Office for Services to Children and Families (SOSCF).”
M. F. v. H. S. -s., 336 Or. App. 256 (Or. Ct. App. 2024).
“The trial court held a hearing regarding the adoption on March 4, 2024, and on March 5, 2024, the trial court entered a letter opinion, concluding that it was appropriate to grant father and stepmother’s petition for adoption without mother’s consent.”
M. F. v. H. S. -s., 336 Or. App. 256 (Or. Ct. App. 2024).
“The trial court held a hear- ing regarding the adoption on March 4, 2024, and on March 5, 2024, the trial court entered a letter opinion, concluding that it was appropriate to grant father and stepmother’s petition for adoption without mother’s consent.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.