Legal Question in Family Law in Oregon

Adopting grandchild

I need to adopt my granddaughter age 11, the mother is willing to allow this. However the childs father has never seen her altho he know of her existance and we cannot find him to have him agree to the adoption. Can the adoption be done claiming her abandoned by the father, therefore not needing his permission?


Asked on 1/03/05, 3:40 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Adopting grandchild

ANSWER:

YES.

Oregon law (ORS 109.324), says the following:

"If either parent is believed to have willfully deserted the child or neglected

without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption and such parent does not consent in writing to the adoption, there shall be served upon such parent a citation . . . to show cause why the adoption of the child should not be ordered. Upon hearing being had, if the court finds that such parent has willfully deserted the child or neglected without just and sufficient cause to

provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of such parent at the discretion of the court is not required and, if the court determines that such consent is not required, the court may proceed

regardless of the objection of such parent."

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]

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Answered on 1/03/05, 2:05 pm


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