Oregon Adoption Law: What Birth Mothers, Adoptive Families and Adoptees Need to Know
Whether you’re placing your baby for adoption or hoping to grow your family through adoption, understanding Oregon adoption laws is an essential first step. These laws protect everyone involved—from birth parents to adoptive families to the child—and guide each part of the adoption journey, from consent to finalization.
With the right information and the support of a licensed agency like American Adoptions, you can navigate this process confidently and legally.
Get in touch with us online to talk to an adoption specialist who can guide you every step of the way.
For Birth Mothers: Your Legal Rights
Can I choose adoption for my baby?
Yes. In Oregon, a birth mother has the right to choose adoption by providing written consent after the baby is born. The court must then approve the adoption. Your decision is legally protected and taken seriously by the courts.
Relevant Law: ORS 109.301
When can I give my baby up for adoption?
You can make an adoption plan during your pregnancy or after birth, but Oregon law requires that you wait until after birth to legally consent. There is no required waiting period beyond the birth.
Relevant Law: ORS 109.301
Can I get my baby back after adoption?
Once the court finalizes the adoption, it is permanent and cannot be reversed. Oregon does not provide a revocation period after finalization.
Relevant Law: ORS 109.381
Can you do adoption without the father's consent?
Yes, in certain cases. If the birth father does not respond within 30 days of being served notice, the court may finalize the adoption without his consent.
Relevant Law: ORS 109.330
Do both birth parents have to sign adoption papers in Oregon?
Only if both parents have legal rights. If a father has not established legal paternity, his rights may be terminated.
Relevant Law: ORS 109.304, ORS 109.324
Can I get paid for adoption?
You cannot be paid for placing a child. However, Oregon allows for reasonable expenses such as medical care, legal fees, and living expenses to be covered.
Relevant Law: ORS 109.281
Can you choose who adopts your baby?
Yes. Your consent is required for an adoption to proceed, which gives you full authority to approve or decline a match with an adoptive family.
Relevant Law: ORS 109.304
Can people from a different state adopt my baby?
Yes. Oregon follows the Interstate Compact on the Placement of Children (ICPC), allowing out-of-state families to adopt.
Relevant Law: OAR 413-040-0208
Can I give my baby up for adoption without any agency?
Yes, through independent adoption. Oregon law permits adoptions without an agency under certain regulations.
Relevant Law: OAR 413-140-0010
Can my spouse adopt my child?
Yes. A spouse can adopt your child if they meet Oregon’s legal criteria for adoption.
Relevant Law: ORS 109.276
Can my family adopt my baby?
Yes. Family members can legally adopt as long as they meet Oregon’s adoption requirements.
Relevant Law: ORS 109.276
Can you anonymously put a baby up for adoption?
Yes, to a degree. You must identify yourself to provide legal consent, but you can request a private adoption with minimal ongoing contact.
Relevant Law: ORS 109.301
Can I have contact with my child after the adoption?
Yes, if a Post-Adoption Contact Agreement (PACA) is in place. These agreements are legally enforceable under Oregon law.
Relevant Law: ORS 109.268
How does tribal adoption work for Native American children?
Oregon enforces the Indian Child Welfare Act (ICWA) and its own ICWA law to protect tribal sovereignty in adoption decisions involving Native children.
More Info: Oregon ICWA Resource
Can I drop my baby off at a fire station?
Yes. Oregon’s Safe Haven Law allows you to surrender your newborn (30 days or younger) at designated facilities like fire stations or hospitals.
Relevant Law: ORS 418.017
What rights do biological parents have after adoption?
None, unless specified in a PACA. Once finalized, the adoption terminates all parental rights.
Relevant Law: ORS 109.381
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in Oregon?
No. Any individual may petition to adopt, regardless of marital status.
Relevant Law: ORS 109.276
How old do you have to be to adopt a baby?
There’s no specific minimum age requirement in Oregon law. Agencies may have additional criteria.
Relevant Law: ORS 109.276
Do you need a home study for a private or independent adoption?
Yes. All adoptions in Oregon require a home study that includes background checks, interviews, and a home inspection.
Relevant Law: ORS 109.276
Can you adopt without an agency?
Yes. Independent adoptions are legal in Oregon and are governed by specific rules.
Relevant Law: OAR 413-140-0010
What are the steps to adopt?
- Step 1: Determine eligibility.
- Step 2: Complete a home study.
- Step 3: Identify the child and obtain consent.
- Step 4: File the adoption petition.
- Step 5: Attend court hearings.
- Step 6: Final judgment of adoption.
Can you adopt a child from another state?
Yes. Oregon’s participation in the ICPC allows for interstate adoptions.
Relevant Law: OAR 413-040-0208
Can we advertise for a birth mother?
No. Only licensed agencies may legally charge fees and facilitate advertising.
Relevant Law: ORS 109.281
Can a birth father stop an adoption?
It depends. If he has not legally established paternity, his consent may not be needed.
Relevant Law: ORS 109.301, ORS 109.324, ORS 109.330
What if the birth parents don’t sign adoption papers?
Adoption can still proceed if their rights are terminated due to abandonment, unfitness, or other court-approved reasons.
Relevant Law: ORS 109.301, ORS 109.324, ORS 109.330
When is an adoption finalized in Oregon?
Adoption is finalized when the court issues a final judgment of adoption following a hearing.
Relevant Law: ORS 109.350
Can birth mothers change their mind?
Yes—up until the point they provide legal consent after birth. After that, the adoption is permanent.
Relevant Law: ORS 109.381
Are adoptive parents on the birth certificate in Oregon?
Yes. Once finalized, Oregon issues a new birth certificate listing the adoptive parents.
Relevant Law: ORS 109.381, ORS 432.235
What rights do adoptive parents have after adoption?
Full parental rights and responsibilities, including custody, decision-making, and inheritance.
Relevant Law: ORS 109.381
Are open adoptions legally binding in Oregon?
Yes, through a written PACA, which is enforceable by the court.
Relevant Law: ORS 109.268
Does ICWA apply to private adoptions in Oregon?
Yes. The law applies to all adoptions involving Native American children, including private placements.
More Info: Oregon ICWA Resource
What support is available after adoption?
The Oregon Post Adoption Resource Center offers ongoing help, including support groups, counseling, and access to records.
More Info: Oregon Post Adoption Support
For Adoptees
If you were adopted through American Adoptions and are looking for support, information, or reunification resources, we’re here to help.
Learn how to access your adoption records and begin the journey toward connection, today.
What’s Next?
Understanding Oregon adoption laws is a powerful first step toward a successful adoption experience. Whether you're a birth mother considering adoption or a hopeful parent ready to grow your family, professional guidance can make all the difference.
Schedule a consultation today to learn how we can help you through each legal step of your Oregon adoption journey.
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