(1) When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition.
(2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:
(a) Establishing visitation rights is in the best interests of the child;
(b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and
(c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.
(3) As used in this section, “grandparent” includes a grandparent who has established custody, visitation or other rights under ORS 109.119.