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?
1 Answer from Attorneys
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)
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