CONSENT OF PARENT TO ADOPTION AND TERMINATION OF PARENTAL RIGHTS
(Oregon – ORS Chapter 109 Compliant)
[// GUIDANCE: This template is designed for use in private-placement and agency adoptions in Oregon. Practitioners must confirm that the facts of the case meet the statutory prerequisites for a valid consent and that all mandatory disclosures and counseling requirements have been satisfied. Modify bracketed fields and delete any inapplicable options before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (Reserved – Not Applicable)
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title.
CONSENT OF PARENT TO ADOPTION AND TERMINATION OF PARENTAL RIGHTS (the “Consent”).
1.2 Parties.
(a) “[FULL LEGAL NAME OF CONSENTING PARENT]” (“Consenting Parent”);
(b) “[FULL LEGAL NAME(S) OF PROSPECTIVE ADOPTIVE PARENT(S)]” (“Petitioner(s)”); and
(c) “[CHILD’S FULL LEGAL NAME], born [DATE OF BIRTH] in [CITY/COUNTY], Oregon” (the “Child”).
1.3 Effective Date.
This Consent is effective as of the date the Consenting Parent signs and the document is acknowledged before a notarial officer (the “Effective Date”), subject to Section 3.5 (Revocation).
1.4 Governing Law and Forum.
This Consent is governed by the laws of the State of Oregon relating to adoption and family matters. Exclusive jurisdiction and venue lie with the [COUNTY] Circuit Court, Family Law Department (the “Court”).
2. DEFINITIONS
Capitalized terms have the meanings set forth below; terms defined in one Section have the same meaning wherever used.
“Admission Counseling” – Statutorily required counseling provided to the Consenting Parent by a qualified counselor prior to execution of this Consent regarding the nature, consequences, and irrevocability of adoption consent.
“Adoption Proceeding” – The judicial action commenced by the Petitioner(s) in the Court seeking entry of a Judgment of Adoption regarding the Child.
“Consent” – This instrument, including any attachments and acknowledgments.
3. OPERATIVE PROVISIONS
3.1 Voluntary and Informed Consent.
The Consenting Parent hereby knowingly, voluntarily, and irrevocably (subject to Section 3.5) consents to the adoption of the Child by the Petitioner(s) and relinquishes all parental rights, duties, and obligations to the Child, including but not limited to custody, control, and the right to receive notice of, or participate in, any future proceedings concerning the Child, except as expressly reserved herein.
3.2 Timing of Execution.
The Consenting Parent affirms that:
(a) The Child was born prior to execution of this Consent.
(b) At least 24 hours have elapsed since the birth of the Child, OR the Court has expressly authorized earlier execution based on written findings that earlier consent is in the Child’s best interests.
[// GUIDANCE: Oregon statutes do not impose a fixed post-birth waiting period but best practice is 24 hours. Adjust if a court order permits earlier signing.]
3.3 Counseling Requirement.
Prior to execution, the Consenting Parent:
(a) Received Admission Counseling from [NAME/CREDENTIALS OF COUNSELOR] on [DATE], or
(b) Received a written offer of Admission Counseling and voluntarily declined such counseling by signing the attached Counseling Waiver (Schedule 1).
3.4 Independent Legal Advice.
The Consenting Parent has been advised of the right to independent legal counsel of their own choosing and:
(a) Is represented by [ATTORNEY NAME & OSB No.], or
(b) Has knowingly elected to proceed without counsel, having been advised of the advantages of representation.
3.5 Revocation.
(a) Pre-Judgment Revocation. The Consenting Parent may move the Court to set aside this Consent prior to entry of a Judgment of Adoption only upon a showing of fraud or duress, or with the written concurrence of the Petitioner(s).
(b) Post-Judgment. Upon entry of a Judgment of Adoption, this Consent is final, irrevocable, and not subject to rescission except as provided by Oregon law.
3.6 Consideration.
No payment or thing of value, other than statutorily permitted expenses, has been offered to or received by the Consenting Parent in exchange for this Consent.
3.7 Conditions Precedent.
This Consent is conditioned upon:
(a) The filing of a proper Petition for Adoption within 60 days of the Effective Date; and
(b) Entry of a Judgment of Adoption within 180 days, subject to Court-granted extensions.
4. REPRESENTATIONS & WARRANTIES
The Consenting Parent represents and warrants that:
4.1 Capacity. The Consenting Parent is at least 18 years of age OR is legally emancipated; is of sound mind; and is not under the influence of any substance that would impair capacity.
4.2 Sole Legal Parent. The Consenting Parent is the biological/legal parent of the Child and has sole authority to execute this Consent OR has obtained the concurrence of all other individuals whose consent is required under Oregon law.
4.3 No Coercion. Execution of this Consent is free from coercion, duress, or undue influence.
4.4 Accuracy of Information. All information provided herein and in any related disclosures is true, complete, and accurate to the best of the Consenting Parent’s knowledge.
4.5 Survival. The representations and warranties in this Section survive the Effective Date and the entry of Judgment of Adoption.
5. COVENANTS & RESTRICTIONS
5.1 Non-Interference. The Consenting Parent shall not contest, impede, or otherwise interfere with the Adoption Proceeding, except as permitted under Section 3.5.
5.2 Cooperation. The Consenting Parent shall execute all additional documents reasonably requested by the Petitioner(s) or the Court to effectuate the adoption.
5.3 Confidentiality. The Consenting Parent shall keep confidential all identifying information of the Petitioner(s) unless disclosure is required by law or Court order.
6. DEFAULT & REMEDIES
6.1 Default. A breach of Section 5 by the Consenting Parent constitutes a default.
6.2 Remedies. In the event of default, the Petitioner(s) may seek:
(a) Injunctive relief, including enforcement of non-interference covenants;
(b) Recovery of reasonable attorneys’ fees and costs incurred in enforcement;
(c) Any other remedy available in equity or at law, subject to the limitations of Oregon adoption statutes.
7. RISK ALLOCATION
(Reserved – Indemnification and liability caps are not applicable to this Consent document.)
8. DISPUTE RESOLUTION
8.1 Governing Law. This Consent shall be governed by the laws of the State of Oregon, without regard to conflict-of-laws principles.
8.2 Forum Selection. Any action relating to this Consent shall be brought exclusively in the [COUNTY] Circuit Court, Family Law Department. Arbitration is not available.
8.3 Jury Waiver. To the extent a jury trial might otherwise be available in any proceeding relating to this Consent, the parties acknowledge that jury trials are not provided in adoption matters before the Family Law Department.
8.4 Injunctive Relief. Nothing in this Section limits the Court’s authority to grant injunctive or other equitable relief to protect the Child’s best interests or enforce this Consent.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Consent constitutes the entire understanding of the parties regarding the subject matter and supersedes all prior understandings, oral or written.
9.2 Amendments. Any amendment must be in writing, signed by the Consenting Parent and the Petitioner(s), and approved by the Court.
9.3 Severability. If any provision of this Consent is held invalid or unenforceable, the remaining provisions remain in full force to the maximum extent permitted by law.
9.4 Successors and Assigns. This Consent is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.
9.5 Counterparts; Electronic Signatures. This Consent may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Facsimile, PDF, and verified electronic signatures are deemed originals for all purposes permitted by law.
10. EXECUTION BLOCK
[// GUIDANCE: Use only one of the notarial jurats below (individual or interpreter-assisted) and remove the other.]
10.1 CONSENTING PARENT
[PRINT FULL NAME]
Date: ______
Address: ___
Phone: _____
10.2 NOTARIAL ACKNOWLEDGMENT – INDIVIDUAL (ORS Ch. 194)
State of Oregon )
County of ______ ) ss.
On this ___ day of __, 20_, before me, ____, a Notary Public in and for said State, personally appeared _____, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person executed the instrument.
WITNESS my hand and official seal.
Notary Public – State of Oregon
My Commission Expires: ___
10.3 INTERPRETER’S DECLARATION (if applicable)
I, ______, certify that I am fluent in English and [LANGUAGE], that I accurately interpreted the entire contents of this Consent for the Consenting Parent, and that the Consenting Parent indicated full understanding before signing.
Interpreter Signature: ___ Date: _
Printed Name: ____
Address: _____
SCHEDULE 1
COUNSELING WAIVER
I, [PRINT FULL NAME OF CONSENTING PARENT], acknowledge that Oregon law entitles me to counseling before consenting to adoption. I hereby waive that counseling, having fully considered its benefits and implications.
Consenting Parent Signature Date
Witnessed By: ______ Date
[// GUIDANCE: Attach additional schedules (e.g., disclosure of expenses, additional consents) as needed. Prior to filing, verify statutory updates, confirm compliance with ICWA if the Child is or may be an “Indian child,” and file all requisite forms with the Court.]