adoption
The Joy of Parenting
Adoptive parents often feel anticipation and anxiety as they embark on this new journey. It’s a time of “firsts” - even for experienced parents. We are honored to assist you as you grow your family. We will be there with you every step of the way.
Step-parent Adoption
After the adoption the step-parent is granted all the rights and responsibilities as if the child was their biological child.
second parent adoption
If you are a same-sex couple and you want the non-biological partner to have parental rights, there is a streamlined process you can consider.
The Independent Adoption Process in Oregon
First, the minimum residency and consent requirements must be met. Either the adoptive parent, the placing parent, or the person being adopted must be an Oregon resident for at least six months. Additionally, if the child being adopted is fourteen years or older, their consent must be obtained.
Second, begin the process of independent adoption. An independent adoption is one that is conducted without the Department of Human Services (DHS)*, but often with the assistance of an attorney. It is an adoption that does not involve an adoption agency. Typically this will be a situation where a step-parent or second parent is adopting a child and a birth parent consents. The attorney will help with the appropriate background check and DHS paperwork (this is still required by the state, even if DHS is not involved directly in the adoption), and will draft the numerous documents (pleadings) that are required by the court.
Third, file for adoption in an Oregon circuit court. The attorney will file the documents with the court and serve a summons on the biological parent(s) (unless they already consent to the adoption). Adoption packets must also be served on DHS.
Fourth, comply with the court proceeding requirements. There are special requirements for children who are of Native American decent. The attorney will represent you before the court and assist you with any hearings or additional paperwork.
50%
of all Oregon adoptions are step-parent adoptions.
The adoption process can be lengthy. Here are some items you can prepare before the process begins:
GET PREPARED…
Gather payment and documents:
- Court filing fees
- Proof of marriage
- Birth certificate of the child
&
Gather information:
- The child’s address for the past five years
- Record of fees paid for the adoption paperwork
How we can help
Complete the necessary DHS and OHA paperwork
Request a waiver of home study from DHS
Request background checks of all parties
Prepare the Summons
Prepare the Petition for Adoption
Assist the birth parent with their Declaration
Prepare all other court documents (including the Show Cause Motion, Statements, Adoption Summary and Segregated Information Statement, and Confidential Information Form)
File court documents and serve the Summons
Serve the adoption packet on DHS
Represent you at the court hearing if the adoption is contested by the other biological parent
Order new birth certificates
Answer any questions you may have along the way
If you have more questions please do not hesitate to contact us.
Oregon Adoption Laws
Some of the laws that apply to step-parent adoptions:
Residency.
ORS 109.309(2) requires that one biological parent, the child, or step-parent be an Oregon resident at the time that the Petition for adoption is filed with the court.
Consent.
ORS 109.328(2) states that if the child is 14 years old or older the adoption cannot be completed without their consent.
Grandparent Visitation.
ORS 109.332(1) states that grandparents may ask the court to award them regular visitation rights after the adoption is completed.
Oregon adoption statistics compiled from http://www.oregon.gov/DHS/CHILDREN/ADOPTION/INDADOPTIONS/Pages/Statistics-Comps.aspx (May 2017)