Oregon

Adoption

Access to Adoption Records

Who May Access Information
Citation: Ann. Stat. §§ 109.455; 109.500The voluntary adoption registry may be used to obtain identifying information by the following persons:

  • A birth parent
  • An adult adopted person
  • An adult birth sibling
  • The adoptive parent of a deceased adopted person
  • The parents or adult siblings of a deceased birth parent

Nonidentifying information may be released to:

  • The adoptive parents of the child or the child’s guardian
  • The birth parent of the adopted person
  • An adult adopted person
  • If the adopted person is deceased:
    • The adopted person’s spouse if the spouse is the birth parent of the adopted person’s child or the guardian of any child of the adopted person
    • Any progeny of the adopted person who is age 18 or older

Access to Nonidentifying Information
Citation: Ann. Stat. § 109.500

A genetic and social history and health history that excludes information identifying any birth parent or putative father, member of a birth parent’s or putative father’s family, the adopted person or the adoptive parents of the adopted person may be provided, if available, from an agency upon request to the persons listed above.

Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 109.455; 109.460

The persons listed above may use the voluntary adoption registry for obtaining identifying information about birth parents, the putative father, the adult adopted person, and adult birth siblings. An adult adopted person who has a birth sibling in the adult adopted person’s adoptive family who is under age 18 may not have access to the registry. A putative father may not have access to the registry.The persons listed above shall work through the agency involved in the adoption, or its successor agency, or the Department of Human Services to receive information concerning the adoption.

The persons listed above and a putative father may register by submitting a signed affidavit to the registry. The affidavit shall contain the information listed in § 109.465 and a statement of the registrant’s willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release identifying information to the other relevant persons who register. Each registration shall be accompanied by the birth certificate of the registrant.

An adopted person, or the parent or guardian of an adopted pe rson under age 18, may register to have specific identifying information disclosed to Indian Tribes or to governmental agencies in order to establish the adopted person’s eligibility for Tribal membership or for benefits or to a person settling an estate.

If a birth parent or an adopted person fails to file an affidavit with the registry for any reason, including death or disability, identifying information shall not be disclosed.

Access to Original Birth Certificate
Citation: Ann. Stat. § 432.240

Upon receipt of a written application to the State Registrar, any adopted person age 21 and older born in the State of Oregon shall be issued a certified copy of his or her unaltered, original, and unamended certificate of birth that is in the custody of the State Registrar, with procedures, filing fees, and waiting periods identical to those imposed upon nonadopted citizens.

A birth parent may at any time request from the State Registrar of the Center for Health Statistics or from a voluntary adoption registry a Contact Preference Form that shall accompany a birth certificate issued under the section above. The Contact Preference Form shall provide the following information, to be completed at the option of the birth parent:

  • I would like to be contacted.
  • I would prefer to be contacted only through an intermediary.
  • I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will register with the voluntary adoption registry. I have completed an updated medical history and have filed it with the voluntary adoption registry.

The certificate from the voluntary adoption registry verifying receipt of an updated medical history shall be in a form prescribed by the Oregon Health Authority and shall be supplied upon request of the birth parent by the voluntary adoption registry.

When the State Registrar receives a completed Contact Preference Form from a birth parent, the State Registrar shall match the Contact Preference Form with the adopted person’s sealed file. The Contact Preference Form shall be placed in the adopted person’s sealed file when a match is made. A completed Contact Preference Form shall be confidential.

Where the Information Can Be Located

Voluntary Adoption Registry, Oregon Department of Human Services

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Collection of Family Information About Adopted Persons and Their Birth Families

Agency or Person Preparing the Report
Citation: Rev. Stat. § 109.304
Information gathered by the Department of Human Services or by an Oregon-licensed adoption agency during the preparation of the placement report may include information concerning the child’s social, medical, and genetic histories and the birth parents’ histories as may be required by § 109.342Contents of Report About the Adopted Person
Citation: Rev. Stat. § 109.342
When possible, the medical history shall include, but need not be limited to:

  • A medical history of the adopted child from birth up to the time of adoption
  • Any diseases, disabilities, congenital, or birth defects
  • Records of medical examinations of the child, if any

Contents of Report About the Birth Family
Citation: Rev. Stat. § 109.342
When possible, the medical history shall include, but need not be limited to:

  • Physical characteristics of the birth parents, including age at the time of the adopted child’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 biological information that the birth parents are willing to provide

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

When the Report Is Made
Citation: Rev. Stat. § 109.342
Before any judgment of adoption of a child 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.

The court shall give the history to the adoptive parents at the time the judgment is entered and shall give the history to the adopted person, upon request, after the adopted person attains the age of majority.

Exceptions for Stepparent or Relative Adoptions
Citation: Rev. Stat. § 109.342
The requirement to provide a medical history does not apply when a person is adopted by a stepparent.

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Intestate Inheritance Rights for Adopted Children

Birth Parents in Relation to Adopted Person

Citation: Rev. Stat. § 112.175
An adopted person shall cease to be treated as the child of the person’s birth parents for all purposes of intestate succession, except:

  • If a birth parent of a person marries or remarries and the person is adopted by the stepparent, the adopted person also shall continue to be treated, for all purposes of intestate succession, as the child of the birth parent who is the spouse of the adoptive parent.
  • If a birth parent of a person dies, the other birth parent remarries and the person is adopted by the stepparent, the adopted person also shall continue to be treated, for all purposes of intestate succession by any person through the deceased birth parent, as the child of the deceased birth parent.

Adoptive Parents in Relation to Adopted Person
Citation: Rev. Stat. §§ 112.175; 112.185
An adopted person and the adoptive parent(s) and their relatives shall take by intestate succession from each other as though the adopted person were the birth child of the adoptive parent(s).For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parent(s).

Adopted Persons Who Are Not Included in a Will
Citation: Rev. Stat. §§ 112.405; 112.195
A ‘pretermitted child’ means a child of a testator who is adopted after the execution of the will of the testator, who is neither provided for in the will nor in any way mentioned in the will and who survives the testator.

If a testator has one or more children living when he or she executes a will and no provision is made in the will for any such child, a pretermitted child shall not take a share of the estate. If a testator has one or more children living when he or she executes a will and provision is made in the will for one or more of such living children, a pretermitted child is entitled to share in the estate as follows:

  • The pretermitted child may share only in the portion of the estate bequeathed to the living children by the will.
  • The share of each pretermitted child shall be the total value of the portion of the estate given to the living children, divided by the number of pretermitted children plus the number of living children for whom provision is made in the will.

If a testator has no child living when he or she executes a will, a pretermitted child shall take a share of the estate as though the testator had died intestate.

All references in a will to an individual or member of a class described generically by terms such as children, issue, grandchildren, descendants, heirs, next-of-kin, grandparents, brothers, nephews, or other relatives shall include any person who would be treated as related for all purposes of intestate succession, except that an adopted person so included must have been adopted as a minor or after having been a member of the household of the adoptive parent while a minor.

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State Recognition of Intercountry Adoptions Finalized Abroad

Effect and Recognition of a Foreign Adoption Decree
Citation: Rev. Stat. § 109.385(1)An adoption in any foreign nation under the laws of such nation of a person who is at the time of the adoption a national of such nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation wherein the adoption occurred.

Readoption After an Intercountry Adoption
Citation: Rev. Stat. § 109.385(2)

The certificate of a judge of a court of general jurisdiction under the seal of the judge or the seal of the court in any foreign nation with respect to the adoption of a national of such foreign nation by adoptive parents, at least one of whom is a citizen of the United States, that all pertinent laws of such foreign nation have been complied with and the adoption is in all respects legal and valid shall be prima facie evidence in any court in the State of Oregon in any proceeding that such adoption was in fact legal and valid. Such certificate shall be prima facie evidence even if under the laws of the foreign nation the adoption is an administrative procedure and is not within the jurisdiction of the court or the judge making the certificate.

Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 432.230(8)

The State Registrar, upon request, shall prepare and register a certificate in this State for a person born in a foreign country who is not a citizen of the United States and who was adopted through a court of competent jurisdiction in this State. The certificate shall be established upon receipt of:

  • A report of a judgment of adoption from the court
  • Proof of the date and place of the person’s birth
  • A request from the court, the adopting parents, or the adoptee, if he or she is age 18 or older

The certificate shall be labeled ‘Certificate of Foreign Birth’ and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of U.S. citizenship for the person for whom it is issued.


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