Regardless of your marital status, you and your partner may share in parental rights if you meet certain criteria. Adoption and parental rights are determined at the state level by state law, and Oregon is one of several states that allow second parent adoptions by married or unmarried same-sex couples. Adoption adds another level of protection to the family you have built.

If you are part of a same-sex couple and you want your spouse or partner to have parental rights, there is a streamlined process you can consider. If one member of the marriage or partnership is a biological parent, and the other biological parent has already given up their parental rights, you may be able to use the second-parent adoption process.

After the adoption, the second parent is granted all the rights and responsibilities as if the child was their biological child. The legal process of adoption will help formalize the family that you and your spouse or partner have already built with the child, and provide important legal protections. Adoption judgments issued from any court within the U.S. must be recognized in all 50 states, making second parent adoption the best way to protect a non-biological parent’s rights and to ensure recognition nationwide and beyond. Further, in the event of death or incapacity of the biological parent, the other partner may not be permitted to raise the child unless they too have legal parental rights.

step by step

First, the minimum residency and consent requirements must be met. Either the adoptive parent, the placing parent, or the person being adopted must have been 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. The attorney should ask for copies of birth and marriage certificates and help with the appropriate background check and DHS paperwork. They will also draft the numerous court documents, called pleadings, that will need to be filed.

Third, file for adoption in an Oregon court. The attorney will file the documents with the court. Adoption packets must also be served on DHS.

Fourth, comply with the court proceeding requirements. The attorney will represent you before the court and assist you with any hearings or additional paperwork.