(1) If the legal custody of the child has been awarded in marital dissolution proceedings, except as provided in ORS § 109.330 (8) if the child is an Indian child, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner, in accordance with ORS § 109.330, shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parent’s consent, and the objections of the noncustodial parent shall be heard if appearance is made.

(2) This section does not apply when consent is given in loco parentis under ORS § 109.325 or 109.327. [Formerly 109.314; 2021 c.398 § 23]