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MICHELS v. HODGES

CC 58-93-07683; CA A88794; SC S44137.

956 P.2d 184 (1998)

326 Or. 538

In the Matter of the Adoption of Alexander Ferguson Hodges, a Minor Child. John Norrick MICHELS and Elizabeth Ann Michels, Husband and Wife, Petitioners on Review, v. Delbert Loyd HODGES, Respondent on Review, Open Adoption and Family Services, Inc., Petitioner on Review, and Mary Constance Lippitt, nka Mary Constance Guardino, Respondent.

Supreme Court of Oregon.

Decided March 26, 1998.

Attorney(s) appearing for the Case

John Chally, of Bouneff & Chally, Portland, argued the cause for petitioners on review John and Elizabeth Michels and filed the joint petition for petitioners on review John and Elizabeth Michels and Open Adoption and Family Services, Inc. With him on the petition was Richard D. Cohen, Portland.

Richard D. Cohen, Portland, argued the cause for petitioner on review Open Adoption and Family Services, Inc.

Philip F. Schuster, II, of Dierking & Schuster, Portland, argued the cause and filed the brief for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER, DURHAM and KULONGOSKI, JJ.

GILLETTE, Justice.

In this adoption proceeding under ORS chapter 109, the issue before the court is whether adoptive parents may plead and prove, as a substitute for the consent of one of the birth parents, that grounds for termination of the parental rights of that birth parent exist under ORS chapter 419B. The trial court held that proof of grounds for termination under ORS chapter 419B is a lawful alternative to parental consent and, having found grounds for termination...

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