Stepparent Adoption

A Second Chance for Family

THE STEP-PARENT ADOPTION PROCESS IN OREGON

First, the minimum residency and consent requirements must be met. Either the adoptive parent, the biological 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 is adopting the child of their spouse or partner. 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 other biological parent (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.

Fifth, Celebrate! We can help arrange a court ceremony recognizing and celebrating your new family.

50%

of Oregon adoptions are step-parent adoptions.

Gather the following fees and documentation:

  • Court filing fees

  • Marriage certificate

  • Birth certificate of the child

  • List of fees paid for the adoption paperwork

  • Residence addresses of the child for the last five years

How to Prepare

HOW WE CAN HELP

Complete the necessary DHS and OHA paperwork

  1. Request a waiver of home study from DHS

  2. Request background checks of all parties

  3. Prepare the Summons

  4. Prepare the Petition for Adoption

  5. Assist the birth parent with their Declaration

  6. Prepare all other court documents (including the Show Cause Motion, Statements, Adoption Summary and Segregated Information Statement, and Confidential Information Form)

  7. File court documents and serve the Summons

  8. Serve the adoption packet on DHS

  9. Represent you at the court hearing if the adoption is contested by the other biological parent

  10. Order new birth certificates

  11. Answer any questions you may have along the way


If you have more questions please do
not hesitate to contact us.


(503) 371-9500

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.