(1) If a putative father of a child by due appearance in a proceeding of which he is entitled to notice under ORS § 109.096 objects to the relief sought, the court:

(a)(A) May stay the adoption or other court proceeding to await the outcome of the filiation proceedings only if notice of the initiation of filiation proceedings was on file as required by ORS § 109.096 (3) or (4); or

(B) If the child is an Indian child, shall stay the adoption proceeding to await the outcome of a determination of the putative father’s parentage under ORS § 419B.609.

(b) Shall, if neither a filiation proceeding nor a proceeding to determine the putative father’s parentage under ORS § 419B.609 is pending, inquire as to the paternity of the child, the putative father’s past endeavors to fulfill his obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the putative father, the putative father’s fitness to care for and rear the child and whether the putative father is willing to be declared the father of the child and to assume the responsibilities of a father.

(2) If after inquiry under subsection (1)(b) of this section the court finds:

(a) That the putative father is the father of the child and is fit and willing to assume the responsibilities of a father, it shall have the power:

(A) Upon the request of the putative father, to declare his paternity and to certify the fact of paternity in the manner provided in ORS § 109.094; and

(B) To award custody of the child to either parent as may be in the best interests of the child, or to take any other action which the court may take if the parents are or were married to each other.

(b) That the putative father is not the father of the child, it may grant the relief sought in the proceeding without the putative father’s consent.

(c) That the putative father is the natural father of the child but is not fit or willing to assume the responsibilities of a father, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the best interests of the child, notwithstanding the father’s objection.

(3) If a putative father of a child is given the notice of a proceeding required by ORS § 109.096 and he fails to enter due appearance and to object to the relief sought therein within the time specified in the notice, the court may grant the relief sought without the putative father’s consent. [1975 c.640 § 8; 1995 c.90 § 2; 2005 c.160 § 6; 2017 c.651 § 21; 2021 c.398 § 45]