Adoption in Oregon
by: Legal Aid Services of Oregon
CONTENTS
What is an adoption?
Can I have contact with a child after I give the child up for adoption?
How can I adopt a child?
Will I be investigated before I can adopt a child?
Can I adopt a child without the natural parents' consent?
To adopt a child do I need the natural father's consent if paternity has not been established?
Can my new spouse adopt my child from an earlier relationship?
Can my child be adopted without my consent?
If the child is a Native American, are there any special adoption procedures?
What is an adoption?
With adoption, an adult who is not a child's natural parent becomes the legal parent of the child. Once the judge signs the final adoption order, the law treats the adopting parents as natural parents even if they get divorced later.
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Can I have contact with a child after I give the child up for adoption?
It depends on the case. After an adoption, a natural parent usually does not have any rights concerning the child. But if the adoptive parents agreed in the court papers to allow the natural parent to have parenting time or other contact, the natural parent can go to court to seek a court order requiring the contact. But first, all the parents must try mediation. See Question 67. If mediation doesn't work, a judge will decide whether to enforce the contact that had been agreed to, or to change the agreement because of exceptional circumstances. The natural parent can't stop or set aside the adoption if the adoptive parents do not allow the contact they agreed to give.
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How can I adopt a child?
You will probably need a lawyer's help. For more information, contact the Child Welfare Program of the Department of Human Services (DHS) or an adoption agency.
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Will I be investigated before I can adopt a child?
If you are adopting a step-child, the Child Welfare Program of the Department of Human Services (DHS) can investigate your home, but DHS probably will not do this. If you are adopting a child who is not your step-child, DHS (or a private agency working with DHS) probably will investigate your home. There is a cost for the investigation. If you cannot pay the fee, DHS will try to work out a payment plan with you and can lower or eliminate the amount you have to pay for the study. But you may be asked why you are adopting a child when your money is so limited.
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Can I adopt a child without the natural parents' consent?
You should talk to a lawyer. The consent of the natural parents is usually needed, but in some cases the judge can order an adoption without that consent. The most common case is when the parent has neglected or deserted the child for at least one year. But natural parents always have the right to have notice of the adoption suit, if they can be found, and to challenge whether the adoption should be granted without their consent.
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To adopt a child do I need the natural father's consent if paternity has not been established?
Most of the time, a father whose paternity has not been established does not have the right to be told about an adoption case or to have the chance to contest it. But if he has lived with or supported the child, or started his own paternity suit, a natural father may have the right to be given notice of the case and to be given a chance to challenge it. You should talk to an attorney.
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Can my new spouse adopt my child from an earlier relationship?
Yes, if the child's other parent consents to the adoption. In this case, you may be able to do the adoption without the help of a lawyer. If the child's other parent does not consent, you will need a lawyer.
In step-parent adoption cases, the grandparents (the mother and father of the other parent) must usually be served with (given) a copy of the adoption petition. They may be able to get a court order that gives them visitation rights after the adoption if there was a relationship with the child before and visitation rights won't interfere with the child and the adoptive family's relationship. Click here for information about grandparent visitation.
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Can my child be adopted without my consent?
No, not unless your rights as a parent were permanently ended by a judge before, or the judge now decides that your rights as a parent should be ended. You have a right to be notified if anyone is trying to adopt your child, if you can be found, and the right to object to someone adopting your child. If you are low-income, you also have the right to a court-appointed attorney.
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If the child is a Native American, are there any special adoption procedures?
Yes. A law called the Indian Child Welfare Act has special rules for adopting Native American children. You should talk to a lawyer who knows about this law.
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