(1) When the parentage of a child has not been established under ORS 109.065 or has not been established or acknowledged under ORS 419B.609, the alleged genetic parent is entitled to reasonable notice in adoption or other court proceedings concerning the custody of the child, except for juvenile court proceedings, if the petitioner knows, or by the exercise of ordinary diligence should have known: (a) That the child resided with the alleged genetic parent at any time during the 60 days immediately preceding the initiation of the proceeding, or at any time since the childs birth if the child is less than 60 days old when the proceeding is initiated; or (b) That the alleged genetic parent repeatedly has contributed or tried to contribute to the support of the child during the year immediately preceding the initiation of the proceeding, or during the period since the childs birth if the child is less than one year old when the proceeding is initiated. (2) Except as provided in subsection (3) or (4) of this section, a verified statement of the parent who gave birth to the child or of the petitioner, or an affidavit of another person with knowledge of the facts, filed in the proceeding and asserting that the child has not resided with the alleged genetic parent, as provided in subsection (1)(a) of this section, and that the alleged genetic parent has not contributed or tried to contribute to the support of the child, as provided in subsection (1)(b) of this section, is sufficient proof to enable the court to grant the relief sought without notice to the alleged genetic parent. (3) The alleged genetic parent is entitled to reasonable notice in a proceeding for the adoption of the child if notice of the initiation of a proceeding to adjudicate parentage as required by ORS 109.167 is on file with the Center for Health Statistics of the Oregon Health Authority prior to the childs being placed in the physical custody of a person or persons for the purpose of adoption by them. If the notice of the initiation of a proceeding to adjudicate parentage is not on file at the time of the placement, the alleged genetic parent is barred from contesting the adoption proceeding. (4) Except as otherwise provided in subsection (3) of this section, the alleged genetic parent is entitled to reasonable notice in court proceedings concerning the custody of the child, other than juvenile court proceedings, if notice of the initiation of a proceeding to adjudicate parentage as required by ORS 109.167 is on file with the Center for Health Statistics prior to the initiation of the proceedings. (5) Notice under this section is not required to be given to an alleged genetic parent who was a party to a proceeding to adjudicate parentage under ORS 109.125 or to a proceeding to acknowledge or establish parentage of an Indian child under ORS 419B.609 if the proceeding under ORS 109.125 or 419B.609 was dismissed or resulted in a finding that the alleged genetic parent was not the parent of the child. (6) The notice required under this section shall be given in the manner provided in ORS 109.330. (7) No notice given under this section need disclose the name of the parent who gave birth to the child. (8) An individual who is an alleged genetic parent has the primary responsibility to protect the individuals rights, and nothing in this section may be used to set aside an act of a permanent nature including, but not limited to, adoption or termination of parental rights, unless the alleged genetic parent establishes within one year after the entry of the final judgment or order fraud on the part of a petitioner in the proceeding with respect to matters specified in subsections (1) to (5) of this section.
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