(1) A petition to vacate a judgment of adoption of an Indian child under ORS § 109.350 or 419B.529 may be filed in a state or local court of competent jurisdiction by a parent who consented to the adoption.

Terms Used In Oregon Statutes 109.382

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(2) Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child’s tribe.

(3) After a hearing on the petition, the court shall vacate the judgment of adoption if:

(a) The petition is filed no later than four years following the date of the judgment; and

(b) The court finds that the parent’s consent was obtained through fraud or duress.

(4) When the court vacates a judgment of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a transition plan for the physical custody of the child. [2021 c.398 § 33]

 

109.382 and 109.383 were added to and made a part of 109.266 to 109.410 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

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