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Adoption Frequently Asked Questions

Can a biological parent revoke consent once an adoption is complete?

Generally, for a biological parent to revoke their consent and get the child back, they need to show there was fraud or duress. For this reason, it is incredibly important for the parents petitioning for adoption to ensure that the biological parent has his or her own separate legal counsel who can explain the process and potential ramifications to them.

Can you adopt a child in a different state?

Yes. In Oregon, jurisdiction for adoptions is based on whether or not either parent or the child lives in the state of Oregon. As long as one of those people lives in Oregon, the state of Oregon has the jurisdiction to carry out the adoption.

Can your spouse adopt your child?

Yes, your spouse can adopt your child through the process of a stepparent adoption. In a stepparent adoption, the biological parent will serve as the co-petitioner alongside thespouse who is asking the court to preserve your parental rights. As a result, the stepparent can adopt the child and become their legal parent. If a second biological parent is present, their rights would need to be terminated before the stepparent adoption can take place.

How long does it take to complete an adoption?

An adoption can take anywhere from several months up to a year, or more. The duration of the adoption depends on the individual nature of your case, the background checks, and if the other biological parent consents to the adoption.

How long does it take to complete an adoption?

This duration of the adoption process depends on whether or not you need a home study, a background check of your recent homes, (including each of the states you’ve lived in within the last five years), and whether the biological parents are going to be consenting or not. An adoption can take as little time as a month, or as long as a year, depending on the home study process.

Does a stepparent adoption require the consent of both biological parents?

A stepparent adoption requires the consent of the co-petitioner, (which is your spouse and the biological parent of the child), and is the consent of the other biological parent (who has established paternity, if male). If consent cannot be obtained, you can file for an exception to their consent.

What are the exceptions to getting a biological parent’s consent to an adoption?

There are several potential exceptions in an adoption case. The most common exception is the abandonment or neglect of a child within the last calendar year before filing the petition for adoption. In other words, if the biological parent has been absent, the court may choose to override their consent, or lack thereof.

When does the biological parent need to consent to adoption?

The biological parent of the child in question must consent to the adoption if he or she has established parental rights. If the other parent is the child’s father, he must give his consent if his paternity has been established either by filing with the vital statistics, (the birth certificate when the child was born), or by establishing paternity through a court order. If he did not establish paternal rights, you may not need his consent to adopt the child.

The court order is often established by the Dept. of Child Support,.Keep in mind, if the child is on OHP or if you ever received TANF (Temporary Assistance for Needy Families), the Oregon Child Support Dept. likely established paternity for the other parent. Even if that biological parent has never met, seen, spoken with or given gifts to the child, as long as his or her legal paternity has been established, and you will need to terminate their rights either through consent or through an exception to consent.

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