(2) Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parent’s consent or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent.

(3) The prospective adoptive parent shall pay all uninsured costs of the adoption-related counseling required by this section, provided the counseling is received within one year of the date of surrender or relinquishment of the child for adoption.

(4) Adoption-related counseling under this section, unless otherwise agreed to by the prospective adoptive parent and the consenting birth parent, shall be provided by:

(a) A regulated social worker as defined in ORS 675.510 who is employed by an Oregon licensed adoption agency other than the regulated social worker assigned to the prospective adoptive parent;

(b) A regulated social worker, counselor or therapist who is working under the supervision of a clinical social worker licensed under ORS 675.530 or a licensed professional counselor and who is knowledgeable about birth parent, adoption and grief and loss issues; or

(c) A clinical social worker licensed under ORS 675.530, counselor or therapist who:

(A) Has a graduate degree in social work, counseling or psychology; and

(B) Is knowledgeable about birth parent, adoption and grief and loss issues.

(5) The requirements of this section do not apply to:

(a) An adoption in which a birth parent relinquishes parental rights to the Department of Human Services;

(b) An adoption in which one parent retains parental rights;

(c) An adoption in which the child is born in a foreign country and adopted under the laws of that country or readopted in Oregon;

(d) An adoption in which the child is born in a foreign country and subsequently adopted in Oregon and in which the identity or whereabouts of the child’s birth parents are unknown; or

(e) An adoption of an adult.

(6) Failure to provide the notice required by this section or failure to pay the uninsured costs of adoption-related counseling required by this section is not grounds for setting aside an adoption judgment or for revocation of a written consent to an adoption or a certificate of irrevocability. [2001 c.586 §2; 2003 c.576 §151; 2009 c.442 §29]

Note: 109.346 and 109.347 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.