Sometimes a child is adopted by his/her grandparent, aunt,
uncle, or adult sibling. This is preferred by birthparents who want to keep the
child within the family.
Steps to complete a relative adoption include:
(1) Consent to Adoption is signed by the birthmother and legal
father. If birthparents refuse to sign or cannot be found, a Petition for
Adoption may be filed in court and a Citation to Show Cause served upon them.
(2) Petition for Adoption is prepared and the adoptive parents
must sign the Petition. An adoptee over the age of 14 must consent in writing
to his/her adoption. The adoption process may include the change of name for
the child.
(3) Petition for Adoption is then filed in Circuit Court. Copies
of the papers are sent to Oregon Department of Human Services (DHS). A Criminal
Records and Child Protective Services background clearance is completed on all
adults residing in the household. Assuming that no criminal record is
discovered, a Waiver of Homestudy will be filed by the Department of Human
Services. If something of serious concern appears on the record, DHS may
require a homestudy to be completed on the adoptive family.
(4) If parental consents cannot be obtained, a court hearing to
show cause why the adoption should not be granted will be scheduled. Papers
must be personally served upon the parents. If this is not possible, the court,
upon showing reasonable effort has been made, will allow service by publication
in a newspaper with a circulation in the area of the birthparent’s last known
residence. If the birthparent(s) does not appear, his/her rights are terminated
by default. If he/she does appear, the result will depend on the circumstances
of the case.
(5) After the Waiver of Homestudy has been filed by DHS, the
Decree of Adoption is submitted to the court. Adoptive parents have the choice
of having the court mail the signed Decree of Adoption, or requesting a Decree
Signing Ceremony in the court.
After the Decree is signed, you will receive a new Birth
Certificate from the state where the adoptee was born. It will show the
adoptive parents as the legal parents of the child, with the name now chosen
for the child.