~disclaimer~ This blog has been created by independent residents of Oregon who have participated in numerous OR adoptions and are familiar with current OR adoption law from first hand experience, both birth parents and adoptive parents. This group is OPPOSED to hb 2904. This group is not sponsored by any other group, third party organization, non profit, for profit, adoption or other such agency, and/or legally organized adoption related affiliation. We are just passionate citizens using our voice!

You are, of course, entitled to formulating your own opinions about hb 2904 and to then act accordingly.
Blog In Progress: soon to come:
~More suggestions on how to use your citizen voice.
~Where did this bill come from? and info behind the writing of HB2904.
~Why don't we like it? While the purpose of this blog is one of information, and not opinions, we feel that we should at least explain ourselves and our opposition to hb2904.

Saturday, February 5, 2011

comparing current law with hb2904

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.