Legal Opinion

P AND P v. Children's Services Division

Court of Appeals of Oregon

Decided December 7, 1983No. A82-5; CA A27533PublishedCited by 7 opinions

1Opinion of the CourtVan Hoomissen, J.

This is an adoption case. Children’s Services Division (CSD) appeals from a trial court judgment dismissing the Ps’ petition to adopt N. The issue is whether ORS 109.096(2) 2 is unconstitutional as applied because it dispenses with notice to the putative father of an out-of-wedlock child under certain circumstances. The trial court held that it was. We disagree and reverse and remand for further proceedings.

The Ps’ petition to adopt was dismissed following the trial court’s denial of CSD’s motion to dispense with notice of the adoption to the putative father. ORS 109.096(2) provides that such…

2Cases cited11 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  4. Lehr v. RobertsonSupreme Court of the United States · 1983
  5. Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977

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3Cited by7 opinions

  1. K. R. C. v. Three Affiliated TribesCourt of Appeals of Oregon · 2010
  2. B.G. v. H.S.Indiana Court of Appeals · 1987
  3. Hallford v. SmithCourt of Appeals of Oregon · 1993
  4. Bg v. HsIndiana Court of Appeals · 1987
  5. G.S.B. v. S.M.D.Court of Appeals of Oregon · 1986

2 more not listed; retrieve them via the Exa API.

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