Rule 9.300.Appointment of Guardians in Adoptions

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 9.300 requires the petitioner's attorney in an adoption to prepare a limited judgment appointing the petitioner or another suitable person as guardian of the child pending further order, unless a petitioner or an agency is already the child's guardian.

Full Text of Rule 9.300

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Except in cases when one or more of the petitioners, or a state or private agency, is the legal or natural guardian of the minor child, when a petition is filed for leave to adopt a minor child and the required consent thereto has been filed, the attorney for the petitioner must prepare and submit to the court a limited judgment providing for the appointment of the petitioner, or other suitable person, as guardian of the minor child pending further order of the court or entry of a judgment.

End

Plain-English Summary

An adoption takes time. Between the petition and the judgment, someone needs legal authority over the child, and this rule fills that gap with a guardianship that lasts only as long as the case does.

The duty turns on what has reached the court. Once a petition for leave to adopt a minor child has been filed and the required consent to it has been filed, the attorney for the petitioner must prepare and submit to the court a limited judgment appointing the petitioner, or another suitable person, as guardian of the minor child pending further order of the court or entry of a judgment.

There is an exception for cases where that authority already exists. If one or more of the petitioners, or a state or private agency, is the legal or natural guardian of the minor child, no interim appointment is called for and this rule does not apply.

Frequently Asked Questions

When does the interim guardianship have to be prepared?

After the petition for leave to adopt the minor child is filed and the required consent to the adoption has been filed. The consent is part of the trigger, so a petition alone does not set the duty in motion.

Who prepares the limited judgment?

The attorney for the petitioner prepares it and submits it to the court. The rule assigns the task to counsel rather than leaving it to the court to raise.

Who can be appointed guardian under this rule?

The petitioner, or another suitable person. The point is to have someone with legal authority over the child while the adoption case is pending.

When is no interim appointment needed?

When one or more of the petitioners, or a state or private agency, is already the legal or natural guardian of the minor child. In that situation the child already has a guardian and the rule carves the case out.

How long does the interim guardianship last?

It runs pending further order of the court or entry of a judgment. It is an interim measure tied to the adoption case, not a permanent appointment.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 9.300). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: guardian pending adoption Oregonlimited judgment guardian adoptionguardian of minor child pending judgmentadoption petition consent filedappointment of guardian in adoption