Oregon Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
- The parents, or surviving parent
- A guardian
- Next of kin
- A suitable person appointed by the court as next friend of the child
- State office or agency to which custody has been surrendered
Age When Consent of Adoptee is Considered or Required
Statute: § 109.328
- A child 14 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: §§ 109.314; 109.322; 109.324; 109.326
- A parent:
- Does not retain custody
- Is mentally ill or deficient
- Has been imprisoned more than 3 years
- Has deserted or neglected the child
- The mother's husband is found not to be the child's father
- Does not retain custody
When Consent Can Be Executed
Statute:Not addressed in statutes reviewed
How Consent Must Be Executed
Statute: §§ 109.312; 418.270- Consent must be in writing and its validity attested to by the court or an authorized person.
- A parent may execute consent or surrender to a child-placing agency for the purpose of placing the child for adoption by that agency.
Revocation of Consent
Statute: § 109.312
- Consent may not be revoked unless fraud or duress is proved with respect to any material fact surrounding the adoption procedure.
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