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MORAN v. WELDON

0100008A; A116453

57 P.3d 898 (2002)

184 Or.App. 269

In the Matter of the Adoption Of Jessica Cassandra Moran and Shania Linn Moran, Minor Children. Daniel Marvin MORAN, Appellant, v. Paul WELDON and Diane Weldon, Respondents.

Court of Appeals of Oregon.

Decided October 16, 2002.

Attorney(s) appearing for the Case

William H. Howell, Salem, argued the cause and filed the brief for appellant.

Teunis J. Wyers, Hood River, argued the cause for respondents. With him on the brief was Wyers & Haskell, P. C.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

Father appeals from a judgment granting respondents' petition to adopt his children without his consent. He argues that ORS 109.322, which provides for an adoption without a parent's consent if the parent is imprisoned under a sentence of not less than three years and has actually served three years, is unconstitutional on several grounds. We do not reach the constitutional issues but construe the statute to require proof of a basis for terminating father...

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