How can a biological father give up rights to child of domestic partnership?
Full Question:
Answer:
Children born to female registered Oregon Domestic Partners are considered the children of the birth mother and the non-biological mother for purposes of Oregon law, but that relationship is legally-recognized only in Oregon. Once you leave the state, the non-biological mother will not be considered a legal parent of the child, even though her name is on the child’s birth certificate. By adopting the child, the non-birth mother would be considered the child’s parent for purposes of federal law and the law of all 50 states.
If the biological father of the child does not voluntarily terminate his parental rights, then there could be an issue for the child in other states.
Under Oregon law, you cannot voluntarily give up (relinquish) parental rights, except and unless it is done in connection with an adoption proceeding so that some other person takes over the responsibility for supporting the children.
Oregon statutes state:
419B.500 Termination of parental rights generally.
The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 to 419B.524, only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interest of the ward. If an
Indian child is involved, the termination of parental rights must be in compliance with the Indian Child Welfare Act. The rights of one parent may be terminated without affecting the rights of the other parent.
The grounds for termination of parental rights through the juvenile court include, an act of extreme conduct, actions seriously detrimental to the child and not likely to change, neglect lasting 6 months or more or abandonment.