Can a 17 year old enter into an agreement for granting her child in adoption?
Full Question:
I am a 17-year-old single mother. I am unmarried and unemployed and do not have enough support to nurture and take care of my 6-month-old baby. I would like to give my baby in adoption, which would be in the best interests of the child. Can I enter into an agreement for granting my child in adoption? Will my age be an obstacle for entering into this contract?
01/03/2017 |
Category: Minors ยป Emancipation... |
State: Oregon |
#29330
Answer:
“Except as provided in ORS 109.520, in this state any person shall be deemed to have arrived at majority at the age of 18 years, and thereafter shall:
(1) Have control of the person's own actions and business; and
(2) Have all the rights and be subject to all the liabilities of a citizen of full age.”
(1) Have control of the person's own actions and business; and
(2) Have all the rights and be subject to all the liabilities of a citizen of full age.”
And, any person who is legally married is deemed to be emancipated under Or. Rev. Stat. Ann § 109.520.
Contracts generally entered by minors are considered as voidable. However, in Oregon, if a minor is a parent then he/she may enter into certain agreements for the care or custody of the child and for that purpose, the minor will be considered as a major. This provision is provided in Or. Rev. Stat. Ann. § 109.112, and the language of the statute is as follows:
“The mother, father or putative father of a child shall be deemed to have attained majority and, regardless of age, may give authorizations, releases or waivers, or enter into agreements, in adoption, juvenile court, filiation or other proceedings concerning the care or custody of the child.”
Therefore, a minor mother can enter into agreements for adoption which concerns the care and custody of the minor’s child.