Does the other parent's child support end after a stepparent adoption in Oregon?

Going forward, yes. Under ORS 109.041(1), after the judgment the rights and obligations between the child and the natural parents are the same as if the child had not been born to them, which ends the other parent's support duty for the future. Whether unpaid support from before the judgment can still be collected is a separate question; an attorney review is available if past-due support is owed.

Can a child adopted by a stepparent in Oregon inherit from the stepparent?

Yes. ORS 109.041(1) treats the adopted child as if born to the adoptive parent, and ORS 109.050 gives the child the same relation to the adoptive parent and their kindred in every respect. For a stepparent adoption, ORS 109.041(2) leaves unchanged the child's relationship with the parent married to the stepparent and that parent's relatives.

What if the other parent objects or cannot be found in an Oregon stepparent adoption?

Serve that parent under ORS 109.330 with a summons and a motion and order to show cause. The written answer is due 30 days after service or, if service is made by publication or posting under ORCP 7 D(6), 30 days after the last publication or posting (ORS 109.330(3)). Upon hearing or a failure to answer, ORS 109.324 lets the court, at its discretion, dispense with consent for willful desertion or neglect without just and sufficient cause to provide proper care and maintenance for one year next preceding the petition, if adoption is in the child's best interests.

Does my spouse have to consent to my stepparent adoption in Oregon?

Yes. ORS 109.301(1)(a) requires written consent from the parents of the child, and your spouse is one of them. Your spouse keeps all parental rights: ORS 109.041(2) says a stepparent adoption leaves unchanged the relationship between the child and the parent married to the adopting stepparent. Each consent must also state whether the signer has reason to know the child is an Indian child (ORS 109.301(3)).

How long does a stepparent adoption take in Oregon, and what does it cost?

Under ORS 109.272(1), the court must hold a hearing and act no later than six months after the petition is filed. Service on a nonconsenting parent adds at least a 30-day answer period. There is a court fee to file an adoption petition, so ask the circuit court clerk for the current amount, and ask the Department of Human Services about any home study costs if the study is not waived.

Stepparent Adoption in Oregon

Reviewed by DocDraft Legal Team - Oregon - Last updated October 6, 2026

In Oregon a stepparent files a petition for leave to adopt in the circuit court (ORS 109.276), in the county with which the child has the most significant connection, and the Oregon Judicial Department does not offer adoption forms. Both of the child's parents must consent in writing under ORS 109.301, which means your spouse consents too. If the other parent will not sign, ORS 109.324 lets the court find that parent's consent is not required, at its discretion, if the 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, after the parent is served under ORS 109.330 with a summons and a motion and order to show cause, and the adoption must be in the child's best interests. A child 14 years of age or older must also consent (ORS 109.328).

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Can a stepparent adopt in Oregon without the other parent's consent?

After serving a summons and a motion and order to show cause (ORS 109.330), the court may, at its discretion, find consent not required if the parent willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for one year next preceding the petition, and adoption serves the child's best interests (ORS 109.324).

Which court and which form are used for a stepparent adoption in Oregon?

File a petition for leave to adopt in the circuit court (ORS 109.276(1)), in the county with which the child has the most significant connection (ORS 109.276(5)). There is no statewide form: the Oregon Judicial Department says it does not offer forms for adoption. Ask the clerk about local requirements; ORS 109.285 sets the petition's contents.

Is a home study required for a stepparent adoption in Oregon?

A current approved home study is the general rule (ORS 109.276(7)(a)), but the Department of Human Services, on request, may waive it when one of the child's parents keeps parental rights, as your spouse does, and shall waive the placement report then (ORS 109.276(8)). Neither waiver applies if there is reason to know the child is an Indian child.

At what age must the child consent to a stepparent adoption in Oregon?

Under ORS 109.328, if the child is 14 years of age or older, the adoption shall not be made without the child's consent. That consent is in addition to, and not in place of, the parents' consents. The court may also take testimony from or confer with a younger child under ORS 109.272(2).

Oregon's one-year desertion or neglect rule, the circuit court, and the home study waiver

Oregon adoptions are filed in the circuit court as a petition for leave to adopt (ORS 109.276(1)), with venue in the county with which the child has the most significant connection (ORS 109.276(5)). One petitioner, the child, or a consenting parent must have resided in Oregon continuously for six months before the petition (ORS 109.276(2)). ORS 109.301(1)(a) requires written consent from the parents of the child, so both your spouse and the other parent normally sign. When the other parent will not, ORS 109.324 is the usual route: if the 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, you serve that parent under ORS 109.330 with a summons and a motion and order to show cause. Upon hearing, or when the parent fails to file a written answer within 30 days of service, the court may find that consent at its discretion is not required, and the adoption must be in the child's best interests (ORS 109.330(2)(a)). The court may disregard incidental visitations, communications and contributions, and may consider whether the custodial parent tried, without good cause shown, to prevent or impede contact. ORS 109.322 has a separate route for a parent adjudged mentally ill or intellectually disabled and in need of commitment, or imprisoned under a sentence of not less than three years who has actually served three years, if adoption is in the child's best interests. ORS 109.323 applies when custody was awarded in a divorce: the custodial parent's consent may be held sufficient, but the noncustodial parent must still be served and heard. The Department of Human Services may waive the home study on request when a parent keeps parental rights (ORS 109.276(7)(b)). A child 14 or older must consent (ORS 109.328). The Oregon Judicial Department does not offer adoption forms.

Relevant Laws

ORS 109.301 and 109.328 (Consent to adoption)

ORS 109.301(1)(a) requires consent in writing from the parents of the child, or the survivor of the parents, except as provided in ORS 109.302 to 109.329. ORS 109.328 adds that if the child is 14 years of age or older, the adoption shall not be made without the child's consent.

ORS 109.324 (Consent when parent has deserted or neglected child)

If the court finds, upon hearing or when the parent fails to file a written answer under ORS 109.330, that the 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, the parent's consent at the court's discretion is not required. The court may disregard incidental visitations, communications and contributions. The adoption must also be in the child's best interests (ORS 109.330(2)(a)).

ORS 109.276 (Petition, residency, venue and home study)

Petition for leave to adopt in circuit court, six months of continuous residency for one petitioner, the child or a consenting parent, and venue in the county of the child's most significant connection. The Department of Human Services may waive the home study on request, and shall waive the placement report, when a parent keeps parental rights, unless there is reason to know the child is an Indian child.

Oregon Judicial Department: Adoption page

The Oregon Judicial Department states that petitions for adoption are filed with the court, that it does not offer forms for adoption, and that there is a court fee to file an adoption petition. Ask the circuit court clerk in your county about local requirements and the fee.

Regional Variances

Oregon stepparent adoption requirements

Court

Circuit court, on a petition for leave to adopt (ORS 109.276(1)). Venue lies in the Oregon county with which the child has the most significant connection (ORS 109.276(5)).

Petition form

No statewide form; the Oregon Judicial Department states it does not offer forms for adoption. Ask the circuit court clerk about local requirements. Petition contents are set by ORS 109.285.

Other parent's consent

Written consent of the parents of the child, including the stepparent's spouse (ORS 109.301(1)(a)). Each consent states whether the signer has reason to know the child is an Indian child (ORS 109.301(3)).

Proceeding without consent

ORS 109.324: after service of a summons and a motion and order to show cause under ORS 109.330, upon hearing or the parent's failure to file a written answer within 30 days, the court may at its discretion find consent not required if the 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. Incidental visitations, communications and contributions may be disregarded. The adoption must be in the child's best interests (ORS 109.330(2)(a)). Other routes: ORS 109.322 (parent adjudged mentally ill or intellectually disabled and in need of commitment, or imprisoned under a sentence of not less than three years and has actually served three years, with best interests) and ORS 109.323 (custody awarded in a divorce; the noncustodial parent must still be served and heard).

Home study

A current approved home study is the general rule (ORS 109.276(7)(a)); the Department of Human Services, on request, may waive it when one of the child's parents retains parental rights (ORS 109.276(7)(b)), and shall waive the placement report in that case (ORS 109.276(8)(a)(B)(ii)). Neither waiver applies if there is reason to know the child is an Indian child.

Residency or waiting period

One petitioner, the child, or a consenting parent must have resided in Oregon continuously for six months before the petition (ORS 109.276(2)). The court must hold a hearing no later than six months after filing (ORS 109.272(1)).

Child's consent age

14 years of age or older (ORS 109.328).

Suggested Compliance Checklist

Decide whether the other parent will consent or must be served

Before filing days after starting

Ask the other parent for written consent under ORS 109.301. If they will not sign, check whether ORS 109.324 fits: the court may, at its discretion, find consent not required if the parent willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for one year next preceding the petition, after service of a summons and a motion and order to show cause under ORS 109.330, with the adoption in the child's best interests. Gather contact and support records.

File the petition for leave to adopt in circuit court

At filing days after starting

File in the circuit court of the county with which the child has the most significant connection, with the signed consents and the information ORS 109.285 requires, including the Indian child inquiry. Ask in the petition for the child's name change. Ask the clerk about local requirements and the filing fee.

Serve notice and request the home study waiver

Right after filing; the parent has 30 days to answer days after starting

Serve a nonconsenting parent under ORS 109.330 and ORCP 7, and file proof of service. Ask the Department of Human Services to waive the home study under ORS 109.276(7)(b) and confirm the placement report waiver under ORS 109.276(8).

Gather the written consents

Before the hearing days after starting

Collect written consents from your spouse, from the other parent unless the court finds consent not required, and from a child 14 or older (ORS 109.328). Each parent's consent must state whether the signer has reason to know the child is an Indian child (ORS 109.301(3)).

Confirm the child's new name and update records

After the judgment of adoption days after starting

Check that the judgment includes the name change under ORS 109.360, and confirm the report of adoption under ORS 432.223 went to the Center for Health Statistics. Order certificates of adoption (ORS 109.410) for schools, Social Security and passports. A separate name change petition is needed only for changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide whether the other parent will consent or must be served	Ask the other parent for written consent under ORS 109.301. If they will not sign, check whether ORS 109.324 fits: the court may, at its discretion, find consent not required if the parent willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for one year next preceding the petition, after service of a summons and a motion and order to show cause under ORS 109.330, with the adoption in the child's best interests. Gather contact and support records.	-	Before filing
File the petition for leave to adopt in circuit court	File in the circuit court of the county with which the child has the most significant connection, with the signed consents and the information ORS 109.285 requires, including the Indian child inquiry. Ask in the petition for the child's name change. Ask the clerk about local requirements and the filing fee.	-	At filing
Serve notice and request the home study waiver	Serve a nonconsenting parent under ORS 109.330 and ORCP 7, and file proof of service. Ask the Department of Human Services to waive the home study under ORS 109.276(7)(b) and confirm the placement report waiver under ORS 109.276(8).	-	Right after filing; the parent has 30 days to answer
Gather the written consents	Collect written consents from your spouse, from the other parent unless the court finds consent not required, and from a child 14 or older (ORS 109.328). Each parent's consent must state whether the signer has reason to know the child is an Indian child (ORS 109.301(3)).	-	Before the hearing
Confirm the child's new name and update records	Check that the judgment includes the name change under ORS 109.360, and confirm the report of adoption under ORS 432.223 went to the Center for Health Statistics. Order certificates of adoption (ORS 109.410) for schools, Social Security and passports. A separate name change petition is needed only for changes outside the adoption.	name-change-petition	After the judgment of adoption

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