D.S.

“The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state.” ORS 109.268(1). The principal purpose of adoption is to effectuate “the protection and promotion of the child’s best interest.” F. v. C., 24 Or App 601, 608-09, cert den, 429 US 907 (1976).

Mother appealed a judgment that dismissed the petition for adoption of her daughter by her husband, the child’s stepfather, who died while the adoption action was pending.  Mother assigned error to trial court’s dismissal of the petition because of stepfather’s death.  On appeal, she argued adoption proceedings should be continued despite the death of the stepfather, because a posthumous adoption is in her child’s best interests. “The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state.” ORS 109.268(1).  The principal purpose of adoption is to effectuate “the protection and promotion of the child’s best interest.”  F. v. C., 24 Or App 601, 608-09, cert den, 429 US 907 (1976).  The Court found that Oregon lacks express statutory language regarding the disposition of an action for adoption if the petitioner dies during the pendency of such proceedings. The Court held an adoption proceeding survives the death of petitioner during its pendency because this preserves the primary motive of adoption: to “protect and promote” the child’s best interest.  In such cases, the Court determined ORCP 34 should apply.  Reversed and remanded.