73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1573
 
                         House Bill 2401
 
Sponsored by Representative LIM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Declares state policy relating to adoptions. Requires
Department of Human Services, Oregon licensed adoption agency or
approved child-caring agency of this state that may consent to
adoption of child to give preference to prospective adoptive
parents who are married over those who are unmarried or same-sex
partners. Requires department or agency to give preference to
prospective adoptive parents who live in this state over those
who live outside this state. Provides exceptions.
 
                        A BILL FOR AN ACT
Relating to adoption.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Birth relative' includes birth grandparents, siblings and
other members of the child's birth family.
  (b) 'Child' means an individual under 18 years of age who is
born in this state or who has resided in this state continuously
for a period of six months prior to the date of a petition for
adoption.
  (c) 'Special needs' means a specific factor or condition, such
as ethnic background, age, membership in a minority or sibling
group or the presence of a medical condition or disability,
because of which the child cannot be placed with adoptive parents
without state or federal adoption assistance.
  (2) It is the policy of this state to give preference to
prospective adoptive parents:
  (a) Who are married over prospective adoptive parents who are
unmarried or same-sex partners.
  (b) Who live in this state over prospective adoptive parents
who live outside this state.
  (3) The Department of Human Services, an Oregon licensed
adoption agency or an approved child-caring agency of this state
that may consent to the adoption of the child shall give
preference to prospective adoptive parents:
  (a) Who are married over prospective adoptive parents who are
unmarried or same-sex partners.
  (b) Who live in this state over prospective adoptive parents
who live outside this state.
  (4) Subsection (3) of this section does not apply when:
  (a) A prospective adoptive parent is a birth relative of the
child;
  (b) Applying the preference would be against the best interests
of the child because of factors such as the existence of
significant emotional ties between the child and the prospective
adoptive parents which developed while the child was in the care
of the parents as a foster child; or
  (c) The department or agency has made a reasonable but
unsuccessful effort to place the child with appropriate adoptive
parents in this state, and the effort was unsuccessful because of
the special needs of the child. + }
  SECTION 2.  { + Section 1 of this 2005 Act is added to and made
a part of ORS 109.305 to 109.410. + }
  SECTION 3.  { + Section 1 of this 2005 Act applies only to
adoption petitions filed on or after the effective date of this
2005 Act. + }
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