Independent (private) adoptions in Oregon

• What is an independent (private) adoption?
• Adult adoption
• Interstate Compact on the Placement of Children (ICPC)
• Indian Child Welfare Act (ICWA)
• Voluntary adoption registry
• Home studies and court reports
• Adoption facilitators
• Who to contact

In Oregon, independent adoptions are defined as those adoptions that do not involve children who are wards of the state. They are also known as private adoptions. Private, independent adoptions in Oregon are categorized as:

• Step-parent
• Relative
• Non-related
• Re-adoptions (International)
• Agency

For more information on these categories, refer to Independent Adoptions Fact Sheet.

The Department of Human Services (DHS) has oversight authority over all adoptions of minor children, including private adoptions filed in the state. An adoption petition, as well as the required supporting documentation, is filed with the court of jurisdiction. DHS must be served a copy of the petition within 30 days of filing, and sent to this address, certified mail:

Director, Department of Human Services

Human Services Building
500 Summer Street NE, E71
Salem, OR 97301-1066

Attention: Independent adoptions

Before a private adoption petition can be finalized, DHS must issue a waiver of the 90-day waiting period and a waiver of the home study, and/or Notice to the court -- whichever is applicable. The court cannot (or should not) finalize an adoption without the necessary waiver from DHS in accordance with ORS 109.309. DHS issues the waiver/Notice to the Court only when all the requirements for each adoption category have been met. Processing time for agency and independent (non-related) adoptions is about 30 days; other adoption categories take about 45-60 days, from receipt of the petition -- if the paperwork is complete. DHS receives approximately 120 private adoption petitions every month. The court has six months to act on the petition per ORS 109.307(1).

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Adult adoptions

Adult adoptions do not fall under the jurisdiction of DHS. Individuals who want to file an adult adoption petition are encouraged to get an adoption attorney to assist them in processing their adoption. The petition is filed with the court of jurisdiction. DHS is not served a copy of the petition and DHS does not issue a 90-day waiting period waiver/waiver of the home study.

Interstate Compact on the Placement of Children (ICPC)

If a child has to be moved interstate for the purpose of adoption, Interstate Compact on the Placement of Children (ICPC) rules may apply. Approvals must be given by both sending and receiving states before a child can be moved from one state to another. Exception to this rule are first degree relatives. If ICPC violation is established, DHS informs the court in writing, which may impact the adoption process. For more information call ICPC at (503) 945-5671.

Indian Child Welfare act

Voluntary adoption registry

Print information from the Voluntary Adoption Registry home page to comply with the notification requirement per ORS 109.353. View sample format (PDF) to complete proof of verification.
 

Or, see sample below:

Home studies & court reports

Home studies and court reports are required in some categories of adoptions, such as Agency and Independent (non-related) adoptions. View the list of licensed adoption agencies contracted by DHS to conduct home studies and post-placement reports for independent (non-related) adoptions. DHS requires standards for completing these reports. View sample court report (PDF) consisting of two parts: Part I, Confidential Adoption Home Study Report, (PDF) and Part II, also known as Post-placement Report. (PDF) 

For more information on the basics of home studies view the following:

• The Home Study Process:  Factsheet for Families. Child Welfare Information Gateway
• Home study by ABC Adoptions.com

Out of State home studies

To validate an out-of-state home study for a private adoption that will be finalized in Oregon, the home study must be approved by an Oregon contracted adoption agency (see list of licensed adoption agencies contracted by DHS to conduct home studies and post-placement reports) in accordance with departmental rules and regulations. The contracted agency issues a Certificate of Approval.

Home study & post placement report fees

The fee for an independent (private) home study may not exceed $1,500 (OAR 413.140.0035).  This fee is paid directly to the contracted adoption agency.  The post-placement report (or “court report”) fee is $675 made payable to DHS at the time of filing.  

Under special circumstances, fees may be waived or reduced (refer to OAR 413-140-0045).  For information and the required form, go to this link: Independent Adoptions Fee Waiver.

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Adoption facilitators

Adoption Facilitators (or "brokers") are illegal in Oregon. Only a licensed child-placing agency can place a child for adoption. The statute (ORS 418.270) states that "...private child-caring agencies are authorized to place children for adoption or foster care only if authorized by DHS in the license issued by the office." Also, ORS 418.300 (When child placement by private persons prohibited) states that "no private individual, including midwives, physicians, nurses, hospital officials and all officers and employees or representatives of unauthorized agencies, organizations or institutions, shall engage in child-placing work, except that relatives of the first and second degrees may thus provide children of their blood."

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