Legal Question in Family Law in Oregon

ANSWER:

There is no particular Oregon form for a biological father to give up his parental rights. Rather, what is needed (and what you really have in mind) is a CONSENT TO STEPPARENT ADOPTION form.

The Consent to Stepparent Adoption form would have to signed by the child�s �legal father.� If the mother had been married to the biological father when the child was born, the �marital presumption of legal paternity� would apply and the husband would be deemed by operation of law as the child �legal� father. And the Consent to Adoption form would have to be signed by him.

On the other hand, if the child was born to a unmarried woman, there is an initial question as to whether �legal� paternity has ever been established through one of the methods provided by law for doing so. If yes, so that the child does have a �legal� father, he would be the one to sign the Consent to Adoption form. If legal paternity of the child born out of wedlock has not be established through one of the methods provided by law for doing so, it may very well be that, in the eyes of the law, there is no father, so that no �consent from father would be needed.

A pretty reliable indication that legal paternity of a child born out of wedlock has been established somewhere along the line is whether the father is under a court order to pay child support. Child support obligations are premised upon legal paternity (not biological paternity). So if there is a child support order in place, it may be reasonably inferred that the obligor is the child�s legal father. And he would be the one from whom Consent to Adoption must be obtained.

Stepparent adoptions when all parties are in agreement is generally not a difficult undertaking, although there is quite a lot of legal paperwork that is involved. The existing father�s written Consent to Adoption would normally be prepared by the lawyer handling the adoption. The Consent to Adoption is then filed with the court along with the Petition for Stepparent Adoption, thus commencing the formal adoption process.

If you are in need for legal services in connection with the adoption, I would be delighted to assist. Don�t hesitate to give me call.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]