Frequently Asked
Questions
Does My Child's Biological Parent Need to Consent to the Adoption?
Generally, yes — written consent from both legal parents is required before a minor child may be adopted in Oregon.
ORS 109.301 sets out the consent requirements, and a court cannot enter a judgment of adoption without them unless consent has been properly waived. If the child is 14 or older, the child must also provide written consent under ORS 109.328. Consent can be waived. The most common basis is willful desertion or neglect under ORS 109.324: if a parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for at least one year immediately preceding the filing of the petition, the court may proceed without that parent's consent. Less commonly, consent may also be waived or substituted under ORS 109.322 where a parent has been adjudicated to have a mental illness or intellectual disability affecting their capacity to consent, or where a parent is incarcerated and the court finds the statutory criteria are met. These situations arise less frequently than abandonment-based waivers and involve additional procedural steps.
When consent is not given, the petitioner must serve the non-consenting parent with a summons and motion to show cause under ORS 109.330. If the parent fails to answer or appear, the court may grant the adoption in their absence.
What qualifies as willful desertion or neglect? Oregon courts evaluate the totality of the parent's conduct during the relevant year — financial support, personal contact, gifts, phone calls, cards, and other expressions of concern. As the Court of Appeals has explained, in this context "willful" refers to conduct evidencing "a settled purpose to forego all parental duties and to relinquish all parental claims to [a] child." Matter of Gibson's Adoption, 60 Or. App. 768, 773 (1982) (quoting Omlie et ux. v. Hunt, 211 Or. 472, 482 (1957)). Importantly, the court may disregard incidental or token visits, communications, and contributions when making this determination. ORS 109.324(3).
Does Paying Child Support Prevent a Finding of Willful Desertion?
Potentially, yes — and this is one of the more nuanced issues in Oregon adoption law. Courts have generally approached this question from the angle of parents who have not paid support, and the Court of Appeals has held that failure to pay child support alone is insufficient to establish neglect. Matter of Adoption of Eder, 312 Or. 244, 267 (1991). The reasoning reflects a policy concern: courts are generally reluctant to terminate a parent's rights — and thereby relieve them of their support obligation — when the child stands to lose a source of financial support from a participating parent.
That said, consistent child support payments do not automatically preserve a parent's right to object. Where support has been sporadic or collected only through involuntary wage garnishment, a court may treat those contributions as incidental under ORS 109.324(3)(a) and decline to give them controlling weight. The full picture of the parent's involvement — or absence — matters. If the absent parent has been otherwise entirely disengaged, the child support question is worth analyzing carefully with an attorney before you file.
What If I Cannot Locate the Biological Parent? How Do I Serve Them?
The inability to locate a biological parent does not prevent an adoption from moving forward, but it requires a documented, diligent search effort. Under ORS 109.330, when personal service cannot be accomplished because a parent's whereabouts are unknown, the court may authorize alternative service methods pursuant to ORCP 7 D(6).
Publication in a newspaper is one option, but it is not the only one — and often not the most effective. Courts want the parent to have the best realistic chance of receiving actual notice, and we have successfully served parents through nontraditional means including Facebook, email, and other digital platforms when the circumstances supported it. Once alternative service is authorized and completed, the parent has 30 days to file a written answer. If no answer is filed and the parent fails to appear, the court may grant the adoption without their consent.
Documenting a diligent search and selecting the right service method can meaningfully affect the speed and outcome of your case. This is an area where experienced legal representation makes a significant difference.
What Is the Impact of Native American Heritage on My Adoption? (ICWA)
If the child being adopted has — or may have — American Indian or Alaska Native heritage, the Indian Child Welfare Act (ICWA) and Oregon's counterpart statute (ORICWA) impose significant additional requirements that can make an adoption substantially more difficult, and in some cases effectively impossible to complete. Verifying whether your child qualifies as an "Indian child" under 25 U.S.C. § 1901 et seq. and ORS 419B.603 should be among the first steps you take — before you file.
Under ORS 109.278, ODHS must file an ICWA Compliance Report with the court within 90 days after the petition is served on the Director of Human Services. Before that report can be completed, each biological parent must submit a Verification of American Indian/Alaska Native Membership or Enrollment (Form 1270A). If the court finds reason to know the child is an Indian child, the adoption must comply with heightened placement preferences under ORS 419B.654, favoring placement with the child's extended family, tribal members, or other Indian families. Deviating from those preferences requires a specific court finding and motion under ORS 419B.654(3).
ICWA issues can arise even when heritage is uncertain or previously unknown. Because failure to comply with ICWA can result in a judgment being vacated after finalization, it is critical to work with an attorney experienced in ICWA compliance from the outset.
Can I Adopt in Oregon If I Have a CPS History, Founded Abuse Disposition, or Criminal Record?
Prior CPS or ODHS involvement — including a founded child abuse disposition — does not automatically disqualify you from completing an independent adoption in Oregon. What matters is whether your history falls into a disqualifying or merely potentially disqualifying category under Oregon law.
Criminal history follows the same framework. Under OAR 413-120-0450, certain convictions are absolute bars — primarily felony crimes against children and specified sex offenses. Most other criminal history, including prior arrests or lower-level offenses, is treated as potentially disqualifying, meaning ODHS applies a totality-of-circumstances analysis. A prior founded CPS disposition that did not result in a disqualifying conviction falls into this latter category: it will be scrutinized, but does not automatically end the process.
Regardless of ODHS's evaluation, the court independently determines whether the adoption serves the child's best interests before entering a judgment under ORS 109.350. Transparency throughout is essential. If you have prior ODHS, CPS, or criminal history, consult an experienced adoption attorney before you file.
Will I Need a Home Study to Complete My Adoption?
For most independent adoptions of a minor child, a home study approved by ODHS or an Oregon licensed adoption agency is required under ORS 109.276. However, in stepparent and second-parent adoptions, a waiver may be available — and understanding exactly when that waiver applies is important, because these are typically the only circumstances in which a full home study can be avoided.
OAR 413-140-0032 sets out the specific conditions under which ODHS may grant a home study waiver. To qualify, the prospective adoptive parent must have a qualifying relationship to the child — typically a stepparent or relative — and the child must have lived continuously in the home for a required minimum period: either since birth and for at least six months, or for at least one year prior to the waiver request. Both the relationship to the child and the length of time in the home must be documented to ODHS's satisfaction.
Even when a home study waiver is granted, ODHS still requires a background check including a child abuse registry check on all adults in the prospective adoptive home under OAR 413-140-0065. The placement report requirement is also separately waived by operation of law in stepparent adoptions where one biological parent retains parental rights. ORS 109.276.
If a full home study is required, a contracted agency will evaluate the adoptive home, conduct criminal records checks under OAR 413-120-0440, and assess fitness under OAR 413-120-0450 and 413-120-0455.
Does My Partner and I Need to Be Married for Them to Adopt My Child?
No. Oregon law permits any person to petition to adopt a child, regardless of marital status. Unmarried couples — including same-sex couples — may pursue adoption in Oregon. ORS 109.276 imposes no marriage requirement, and Oregon courts recognize second-parent adoptions for partners who are not legally married to the custodial parent.
The consent and procedural requirements regarding the absent biological parent remain the same regardless of the petitioner's relationship status, and the court will still evaluate whether the adoption serves the child's best interests. The practical implications of proceeding as an unmarried adopting partner — particularly regarding the home study waiver eligibility under OAR 413-140-0032 — are worth discussing with an attorney before you file.
How Long Does an Adoption Take in Oregon?
Timeline varies by case type and complexity. For uncontested stepparent adoptions, the process typically takes three to six months from petition filing to final judgment, largely driven by the 90-day window ODHS has to investigate and file its placement report or ICWA Compliance Report. Courts are required to act within six months of filing under ORS 109.272, though contested cases routinely take longer. Cases involving ICWA compliance issues, a non-consenting parent, or an absent parent requiring alternative service will add time. An attorney can give you a more accurate estimate based on your county and the specific facts of your case.
Can I Adopt Someone Over 18 in Oregon — And Why Would Someone Do That?
Yes. Oregon permits the adoption of any person 18 years of age or older, or any legally married person, under ORS 109.329. Adult adoptions follow a streamlined process that is significantly less burdensome than minor child adoptions — no home study, no placement report, no ODHS involvement, and no consent required from the adoptee's biological parents. The only required consents are those of the petitioner and the adult being adopted, both filed in writing with the petition. One or both parties must have continuously resided in Oregon for at least six months prior to filing.
Adult adoption is more common than many people realize. People pursue it to formalize a stepparent-stepchild bond that existed throughout childhood, to legally recognize a relationship forged through foster care, to establish inheritance and intestate succession rights, to enable the adoptive parent to provide health insurance or financial support, or to give an adult survivor of childhood trauma a fresh legal identity. Once finalized, an adult adoption creates the same legal parent-child relationship as any other adoption — including inheritance rights and the right to an amended birth certificate — and terminates legal ties to biological parents. ORS 109.041.
How much does an adoption services cost?
We offer flat-fee pricing for many adoption matters. You will know the cost upfront before we begin.
What types of adoptions do you handle?
Stepparent, adult, private, relative, and ICWA-related matters.