checklist for processing adult adoptions - Professional Liability Fund

CHECKLIST FOR PROCESSINGADULT ADOPTIONSCLIENTS’ NAMES:Date opened:State of residency:Adult Child’s Name:Clients’ date of marriage:Length of residency:Adult Child’s State of residency:Have clients sign retainer letter/agreement and obtain client informationIdentify, discuss and resolve any issuesAdult Adoptions are authorized by ORS 109.329. Read it. Venue for an adult adoption is specific per ORS 109.329.Special NOTE: Clackamas County will grant an adoption. HOWEVER, they will notterminate a previous parent’s rights, grant a name change or provide for a new birthcertificate to be issued.Document Preparation: Petition for Adoption: See in general ORS 109.315; N.B., Section (6) of 109.329 liststhe statutory provisions that do NOT apply to the adoption of an adult. Read those.Petitioners’ full names and place (county and state) of residenceAdult adoptee’s full name, date of birth and place of birth Venue statement - adoption must be filed in county in which one petitioner orperson to be adopted resides.Birth parents’ names and status re: adult adoptee Include relationship of Petitioner and adoptee and reason for adoption (primafacie allegations)Adoptee’s new name, if anyPage 1 [Rev 5/2014] Courtesy of Attorney Robin E. Pope PROFESSIONAL LIABILITY FUND (ADULT ADOPTIONS CHECKLIST.DOC)

Verified signatures of Petitioner(s)Exhibits:Separate Consent Documents of:Petitioner(s)AdopteeSpecial NOTE: Clackamas County requires these to be notarized. It is goodpractice to have all adoption consents notarized. Separate Affidavit setting forth that each Petitioner (ORS 109.329(3)):Understands the significance and ramifications of the adoption; andIs not acting under duress, coercion or undue influence.N.B: This may be included in the Consent mentioned above if the Consent isnotarized. Practice Tip: Save paper. Call it a Consent/Affidavit and combine thetwo.General Judgment of Adoption. Needs to contain: Findings of Fact to support judgment - see ORS 109.329Adoptee's name change, if any. See above note re: Clackamas County. Language terminating the parental rights of the adoptee's birth parent(s).See above note re: Clackamas County. Language making Petitioner(s) the legal parent(s) of the adopteeORS 109.329 now provides that adult adoption records are not sealed. Paragraph directing Oregon Health Division to issue new birth certificate foradoptee if requested. See above note re: Clackamas County. Adoption Report (Vital Records) - Or. Health Division Form 45-24 - ORS 109.400.Include $50.00 fee made payable to OHA/Vital Records. See above note re: ClackamasCounty. N.B.: Some counties will require an Adoption Disclosure Statement even though thestatutes do not require this in an adult adoption. $253.00 check payable to State of Oregon for filing fee of $252.00 plus $1.00 for theCourt Certificate of Adoption (See ORS 109.410.)Page 2 [Rev 5/2014] Courtesy of Attorney Robin E. Pope PROFESSIONAL LIABILITY FUND (ADULT ADOPTIONS CHECKLIST.DOC)