Court Jurisdiction and Venue for Adoption Petitions - Oregon

Date: January 2022

Jurisdiction

Citation: Rev. Stat. §§ 109.309(1)-(4); 109.711

Any person may petition the circuit court to adopt another person. One petitioner, the child, one parent, or the person consenting to the adoption (who is not an adoption agency) must be a resident of the State.

Except as provided below, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), §§ 109.701 to 109.834.

Notwithstanding §§ 109.741 and 109.744, a court of this State has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption, the following applies:

  • The child resided in the State for at least 6 consecutive months, including periods of temporary absence.
  • One parent or another person consenting to the adoption, who is not an adoption agency, resided in the State for at least 6 consecutive months, including periods of temporary absence.
  • The prospective adoptive parent resided in the State for at least 6 consecutive months, including periods of temporary absence, and substantial evidence is available concerning the present or future care of the child.
  • It appears that no court of another State would have jurisdiction.
  • A court of another State has declined to exercise jurisdiction on the grounds that this State is a more appropriate forum to hear a petition for adoption of the child, and it is in the best interests of the child that a court of this State assume jurisdiction.

Venue

Citation: Rev. Stat. § 109.309(5)

In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located.