Completing Intercountry Adoptions Not Finalized Abroad - Oregon

Requirements for Completing the Adoption

Citation: Ann. Stat. §§ 109.315; 109.327

A petition for adoption of a minor child must contain the following:

• The full name of the petitioner
• The State and length of residency in the State of the petitioner and information sufficient to establish that the residency requirement has been met
• The current marital or domestic partnership status of the petitioner
• An explanatory statement as to why the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education
• The full name, gender, and date and place of birth of the child
• The name and relationship to the child of any person who has executed a written release or surrender of parental rights or has given written consent
• A statement of the facts and circumstances under which the petitioner obtained physical custody of the child, including date of placement with the petitioner for adoption and the name and relationship to the child of the individual or entity placing the child with the petitioner
• The length of time that the child has been in the physical custody of the petitioner and, if the child is not in the physical custody of the petitioner, the reason why and the date and manner in which the petitioner will obtain physical custody of the child
• Unless waived, a statement that a current home study was completed
• A declaration made under penalty of perjury that the petition, and the information and statements contained in the petition, are true to the best of the petitioner's knowledge and belief

An agency or other organization, public or private, located entirely outside of this State, acting in loco parentis, may consent to the adoption of a child under the custody, control, or guardianship of such agency or organization or officer or executive thereof, if the agency or organization is licensed or otherwise has authority in the jurisdiction in which the agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required.

When consent is given under this section, the following documents shall be filed in the adoption proceeding:

• A certified copy of the court order; the written authorization from the parent, parents, or other person; or both a court order and such written authorization, as the case may be, that enables consent to be given in loco parentis under the law of such other jurisdiction
• Written formal consent by the agency or other organization, or the officer or executive thereof, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted

Required Evidence/Documentation

Citation: Ann. Stat. §§ 109.315; 109.342

A petition filed under § 109.309 must, if applicable, have the following attached as exhibits:

• Any written release or surrender of the minor child for adoption, or a written disclaimer of parental rights
• Any written consent to the adoption
• Any certificate of irrevocability and waiver
• Any continuing contact agreement under § 109.305
• The written disclosure statement required under § 109.311
• Any other supporting documentation necessary to comply with the petition requirements in this section and § 109.309

Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the birth parents as complete as possible under the circumstances. When possible, the medical history shall include, but need not be limited to, the following:

• A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any
• Physical characteristics of the birth parents, including age at the time of the adoptee's birth; height; weight; and color of eyes, hair, and skin
• A gynecologic and obstetric history of the birth mother
• A record of potentially inheritable genetic or physical traits or tendencies of the birth parents or their families
• Any other useful or unusual information that the birth parents are willing to provide

The names of the birth parents shall not be included in the medical history.

Background Studies

Citation: Ann. Stat. § 109.309(7); Admin. Rules § 413-120-0220

In a proceeding for the adoption of a child, a current home study must be approved by either the Department of Human Services or an Oregon licensed adoption agency for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the department's administrative rules.

In regulation: The department accepts applications for an adoption home study from Oregon residents applying to adopt a child in the custody of a public child welfare agency in another country following a request from the agency in the other country. An application submitted to the department must include all of the following:

• An adoption application form
• A signed, valid release of information from each applicant who is a subject of the adoption home study allowing the adoption home study to be released to appropriate individuals
• An adoptive family information and placement preference form, unless the department determines this is not required due to the existing relationship between the child and the applicant
• Financial information, current within 12 months of application, demonstrating the ability of the applicant to meet the needs of the family and the child to be adopted
• Medical information current within 24 months of application
• When applicable, mental health information
• When applicable, copy of marriage certificate, divorce verification, or death certificate of a spouse
• Consent to a criminal offender information records check for each applicant and all household members age 18 and older
• Consent to a child abuse and neglect background check for each adoptive applicant and all household members age 18 and older
• Names and contact information of four references, two of whom may be relatives of the adoptive applicant, who can attest to the character and ability of the adoptive applicant to provide safe and protective care for a child

Placement Supervision and Reporting

Citation: Ann. Stat. § 109.309(8); Admin. Rules § 413-120-0860

Within 90 days after service upon the Director of Human Services, the department shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The court shall file and retain the placement report filed under this section in the same location in the records, papers, and files in the court's record of the adoption case as the petition and exhibits are located.

In regulation: Postplacement supervision must include all of the following:

• Monthly face-to-face contact with the child
• Assessment of the child's safety and well-being
• Services and supports to assist the adoptive parent in meeting the requirements described in regulation
• Documentation from the supervising worker that includes the supervision reports and a recommendation regarding finalization of the adoption

Effect of Adoption Decree on Parental Rights

Citation: Ann. Stat. § 109.381

After the expiration of 1 year from the entry of a judgment of adoption in this State, the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the child's natural parents and all other persons who might claim to have any right to or over the child have abandoned the child and consented to the entry of such judgment of adoption and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered.

Obtaining a U.S. Birth Certificate

Citation: Ann. Stat. §§ 432.223; 432.245(7)

For each judgment of adoption entered by a court of competent jurisdiction in this State, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics. The report of adoption must comply with the following:

• Include facts that the State registrar deems necessary to locate and identify the report of live birth of the person adopted
• If the person was born in a foreign country, provide evidence from sources determined to be reliable by the court of the date and place of live birth
• Include information necessary to establish a replacement report of live birth of the adopted person
• Identify the final order of the judgment of adoption
• Be certified or authenticated by the clerk of the court as provided by the State registrar by rule

Information necessary to prepare a report of adoption must be furnished by the petitioner for adoption or by the petitioner's legal representative. The Department of Human Services or any other person having knowledge of the facts shall supply the court with additional information that is necessary to complete the report of adoption. A court must receive the information required by this section before issuing a judgment of adoption.

If a live birth occurred in a foreign country and the child is not a citizen of the United States at the time of live birth, the State registrar shall prepare a record of foreign live birth, as provided in § 432.245. If the live birth occurred in a neighboring country, the State registrar also shall send a copy of the report of adoption to the appropriate authority.

The State registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom a judgment of adoption was issued by a court of competent jurisdiction in this State if the court, the parents adopting the child, or the adopted person who is age 18 or older requests the record. The record must be labeled 'record of foreign live birth' and shall show the actual country of live birth. After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction or as provided by rule of the State registrar.