A brief comparison of Current Oregon Law vs. Oregon law with HB2904
Current Oregon Law
Oregon Law with HB2904
· A birth parent may place a child any time after the child’s birth.
· A child must be 8 days old before they can be placed for adoption by their birth parents. This cannot be waived for an earlier placement with an adoptive couple.
· A birth parent may revoke their consent at any time before an adoption is finalized unless they sign a Certificate of Irrevocability agreeing that their consent will be final.
· A birth parent may revoke their consent to adoption within 30 days; They are not permitted to waive this right by choosing to sign a Certificate of Irrevocability.
· A birth parent is entitled to have the adoptive parents or agency pay for at least 3 pre and 3 post placement counseling sessions.
· Each birth parent must participate in 3 free pre-placement and 3 free post-placement counseling sessions. Failure of any birth parent to comply with specific participation requirements or failure of a counselor to provide these sessions covering specific counseling topics as outlined by the bill, are grounds for setting aside a finalized adoption.
· Each birth parent has the option to consult with an attorney prior to signing a relinquishment or consent for adoption.
· Each birth parent is required to meet with an attorney at the cost of the adoptive couple and the state of Oregon, prior to placing their child. Failure to comply is grounds for setting aside a finalized adoption judgment or grounds for revocation.
· A birth parent in an independent adoption is entitled to receive notices of what is happening in the adoption proceeding. A birth parent in an agency adoption may ask to receive those notices. Either can waive the right to receive those notices.
· For a minimum, the birth parent(s) are entitled to receive a copy of the Petition. The bill is silent as to any other notices. The bill is silent as to whether this right may be waived.
· A party to the adoption cannot challenge the adoption after the final judgment. In an agency adoption, the birth parent is not a party. In an independent adoption they are a party. Any other person who has an interest may be able to challenge the adoption up to a year after final judgment if they could prove fraud or duress.
· For up to one year, any party to an adoption may file an action contesting the validity of a consent to an adoption and whether the counseling and attorney participation and requirements were met, as well as challenging an adoption if they can prove fraud or duress. For this provision, in an agency adoption the birth parent has now become a party.
