ORS 109.072
Petition to vacate or set aside parentage determination

(1)

As used in this section:

(a)

“Blood tests” has the meaning given that term in ORS 109.251 (“Blood tests” defined).

(b)

Intentionally left blank —Ed.

(A)

“Parentage judgment” means a judgment or administrative order that:
(i)
Expressly or by inference determines the parentage of a child, or that imposes a child support obligation based on the parentage of a child; and
(ii)
Resulted from a proceeding in which blood tests were not performed and the issue of parentage was not challenged.

(B)

“Parentage judgment” does not include a judgment or administrative order that determines paternity or parentage of a child conceived by assisted reproduction as defined in ORS 109.239 (Rights and obligations of children resulting from assisted reproduction).

(c)

“Petition” means a petition or motion filed under this section.

(d)

“Petitioner” means the person filing a petition or motion under this section.

(2)

Intentionally left blank —Ed.

(a)

The following may file in circuit court a petition to vacate or set aside the parentage determination of a parentage judgment, including any child support obligations established in the parentage judgment, and for a judgment of nonparentage:

(A)

A party to the parentage judgment.

(B)

The Department of Human Services if the child is in the care and custody of the Department of Human Services under ORS chapter 419B.

(C)

The Division of Child Support of the Department of Justice if the child support rights of the child or of one of the parties to the parentage judgment have been assigned to the state.

(b)

The petitioner may file the petition in the circuit court proceeding in which the parentage judgment was entered, in a related proceeding or in a separate action. The petitioner shall attach a copy of the parentage judgment to the petition.

(c)

If the ground for the petition is that the parentage determination was obtained by or was the result of mistake, inadvertence, surprise or excusable neglect, the petitioner may not file the petition more than one year after entry of the parentage judgment.

(d)

If the ground for the petition is that the parentage determination was obtained by or was the result of fraud, misrepresentation or other misconduct of an adverse party, the petitioner may not file the petition more than one year after the petitioner discovers the fraud, misrepresentation or other misconduct.

(3)

In the petition, the petitioner shall:

(a)

Designate as parties:

(A)

All persons who were parties to the parentage judgment;

(B)

The child if the child is a child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school);

(C)

The Department of Human Services if the child is in the care and custody of the Department of Human Services under ORS chapter 419B; and

(D)

The Administrator of the Division of Child Support of the Department of Justice if the child support rights of the child or of one of the parties to the parentage judgment have been assigned to the state.

(b)

Provide the full name and date of birth of the child whose parentage was determined by the parentage judgment.

(c)

Allege the facts and circumstances that resulted in the entry of the parentage judgment and explain why the issue of parentage was not contested.

(4)

After filing a petition under this section, the petitioner shall serve a summons and a true copy of the petition on all parties as provided in ORCP 7.

(5)

The court, on its own motion or on the motion of a party, may appoint counsel for the child. However, if requested to do so by the child, the court shall appoint counsel for the child. A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceeding, but may not be charged against funds appropriated for public defense services.

(6)

The court may order the mother, the child and the person whose parentage of the child was determined by the parentage judgment to submit to blood tests. In deciding whether to order blood tests, the court shall consider the interests of the parties and the child and, if it is just and equitable to do so, may deny a request for blood tests. If the court orders blood tests under this subsection, the court shall order the petitioner to pay the costs of the blood tests.

(7)

Unless the court finds, giving consideration to the interests of the parties and the child, that to do so would be substantially inequitable, the court shall vacate or set aside the parentage determination of the parentage judgment, including provisions imposing child support obligations, and enter a judgment of nonparentage if the court finds by a preponderance of the evidence that:

(a)

The parentage determination was obtained by or was the result of:

(A)

Mistake, inadvertence, surprise or excusable neglect; or

(B)

Fraud, misrepresentation or other misconduct of an adverse party;

(b)

The mistake, inadvertence, surprise, excusable neglect, fraud, misrepresentation or other misconduct was discovered by the petitioner after the entry of the parentage judgment; and

(c)

Intentionally left blank —Ed.

(A)

Blood tests establish that the person is not the biological parent of the child and the parentage determination was based on biological parentage; or

(B)

The parentage determination was not based on biological parentage.

(8)

If the court finds that the parentage determination of a parentage judgment was obtained by or was the result of fraud, the court may vacate or set aside the parentage determination regardless of whether the fraud was intrinsic or extrinsic.

(9)

If the court finds, based on blood test evidence, that the person may be the biological parent of the child and that the cumulative paternity or parentage index based on the blood test evidence is 99 or greater, the court shall deny the petition.

(10)

The court may grant the relief authorized by this section upon a party’s default, or by consent or stipulation of the parties, without blood test evidence.

(11)

A judgment entered under this section vacating or setting aside the parentage determination of a parentage judgment and determining nonparentage:

(a)

Shall contain the full name and date of birth of the child whose parentage was established or declared by the parentage judgment.

(b)

Shall vacate and terminate any ongoing and future child support obligations arising from or based on the parentage judgment.

(c)

May vacate or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based on the parentage judgment.

(d)

May not order restitution from the state for any sums paid to or collected by the state for the benefit of the child.

(12)

If the court vacates or sets aside the parentage determination of a parentage judgment under this section and enters a judgment of nonparentage, the petitioner shall send a court-certified true copy of the judgment entered under this section to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of the court-certified true copy of the judgment entered under this section, the state registrar shall correct any records maintained by the state registrar that indicate that the party to the parentage judgment is the parent of the child.

(13)

The court may award to the prevailing party a judgment for reasonable attorney fees and costs, including the cost of any blood tests ordered by the court and paid by the prevailing party.

(14)

A judgment entered under this section vacating or setting aside the parentage determination of a parentage judgment and determining nonparentage is not a bar to further proceedings to determine parentage, as otherwise allowed by law.

(15)

If a person whose parentage of a child has been determined by a parentage judgment has died, an action under this section may not be initiated by or on behalf of the estate of the person.

(16)

This section does not limit the authority of the court to vacate or set aside a judgment under ORCP 71, to modify a judgment within a reasonable period, to entertain an independent action to relieve a party from a judgment, to vacate or set aside a judgment for fraud upon the court or to render a declaratory judgment under ORS chapter 28.

(17)

This section shall be liberally construed to the end of achieving substantial justice. [2007 c.454 §9; 2017 c.651 §16]
Note: 109.072 (Petition to vacate or set aside parentage determination) was added to and made a part of ORS chapter 109 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 109.072 — Petition to vacate or set aside parentage determination, https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html.

109.001
Breast-feeding in public place 109.003
Attorney fees 109.010
Duty of support 109.012
Liability of parents for expenses and education of children 109.015
Proceedings for child support if child receives public assistance 109.020
When child’s maintenance and education may be defrayed out of income of own property 109.030
Equality in rights and responsibilities of parents 109.035
Security required before foreign travel with child 109.041
Relationship between adopted child and natural and adoptive parents 109.050
Relation of adopted child to adoptive parents 109.056
Delegation of certain powers by parent or guardian 109.060
Legal status and legal relationships when parents not married 109.065
Establishing parentage 109.070
Presumption of parentage 109.072
Petition to vacate or set aside parentage determination 109.073
Social Security number of parent in paternity order 109.090
Interpretation of ORS 109.060 to 109.090 109.092
Obligation to recognize responsibility for conception 109.094
Rights of parent when parentage established 109.096
Notice to putative father when parentage not established 109.098
Objection of putative father in proceeding referred to in ORS 109.096 109.100
Petition for support 109.103
Proceeding to determine custody or support of child 109.112
Mother, father or putative father deemed to have attained majority 109.116
Validity of putative father’s authorization, release or waiver 109.118
Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child 109.119
Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship 109.124
Definitions for ORS 109.124 to 109.230 109.125
Who may initiate proceedings 109.135
Circuit court jurisdiction 109.145
Court may proceed despite failure to appear 109.155
Hearing 109.165
Vacation or modification of judgment 109.175
Determination of legal custody after parentage established 109.225
Notice to Center for Health Statistics after petition filed 109.230
Legality of contract between mother and father of child born out of wedlock 109.231
Records open to public 109.237
Attorney fees 109.239
Rights and obligations of children resulting from assisted reproduction 109.243
Relationship of child resulting from assisted reproduction to mother’s spouse 109.247
Application of law to children resulting from assisted reproduction 109.250
Short title 109.251
“Blood tests” defined 109.252
Authority for blood test 109.254
Selection of experts to make tests 109.256
Compensation of experts 109.258
Effect of test results 109.259
Temporary child support pending determination of parentage 109.260
Applicability to criminal actions for nonsupport 109.262
Uniformity of interpretation 109.264
Parties 109.266
Definitions for ORS 109.266 to 109.410 109.268
Interpretation of adoption laws 109.270
Rules regarding home studies and placement reports 109.272
Court required to act within six months of filing of petition for adoption 109.274
Confidentiality of petitioners 109.276
Petition for adoption 109.278
ICWA compliance report 109.281
Financial disclosure statement to be filed with petition 109.283
Application for home study by Oregon resident 109.285
Petition for adoption 109.287
Adoption Summary and Segregated Information Statement 109.289
Separate record of the case 109.301
Consent to adoption in general 109.302
Consent to adoption of Indian child 109.322
Consent of parent with mental illness or intellectual disability 109.323
Consent when custody of child has been awarded in divorce proceedings 109.324
Consent when parent has deserted or neglected child 109.325
Consent by Department of Human Services or approved child-caring agency of this state 109.326
Consent when spouse not parent 109.327
Consent by organization located outside Oregon 109.328
Consent of child 14 years of age or older 109.329
Adoption of person 18 years of age or older or legally married 109.330
Notice when parent does not consent 109.331
Consenting agency disclosure of county and case number of adoption proceeding 109.332
Grandparent visitation in stepparent adoption 109.335
Appointment of guardian pending further adoption proceedings 109.342
Medical history of child and biological parents required 109.346
Adoption-related counseling for birth parent 109.347
Civil action for failure to pay for counseling 109.350
Judgment of adoption or readoption 109.353
Notice of voluntary adoption registry required before judgment entered 109.360
Change of adopted child’s name 109.381
Effect of judgment of adoption 109.382
Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress 109.383
Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child 109.385
Readoption proceeding 109.390
Authority of Department of Human Services or child-caring agency in adoption proceedings 109.400
Adoption report form 109.410
Certificate of adoption 109.425
Definitions for ORS 109.425 to 109.507 109.430
Policy and purpose 109.435
Adoption records to be permanently maintained 109.445
Information of registry confidential 109.450
Child placement agency to maintain registry 109.455
Persons eligible to use registry 109.460
Persons eligible to register 109.465
Content of affidavit 109.470
Continuing registration by birth parent or putative father 109.475
Processing affidavits 109.480
Counseling of registrant 109.485
Registry information to be maintained permanently 109.490
Limits on releasing information 109.495
Registrant fee 109.500
Genetic, social and health history 109.502
Search for birth parents, putative father, genetic siblings or county where adoption finalized 109.503
Access to adoption records for search 109.504
Effect on subsequent searches when person sought in initial search refuses contact 109.505
Support services 109.506
Rulemaking 109.507
Access to Department of Human Services records required 109.510
Age of majority 109.520
Majority of married persons 109.570
Legislative findings 109.572
Definitions for ORS 109.570 to 109.580 109.575
Authority of relative caregiver to consent to medical treatment and educational services for minor child 109.580
Relative caregiver affidavit 109.610
Right to care for certain sexually transmitted infections without parental consent 109.640
Right to medical or dental treatment without parental consent 109.650
Disclosure without minor’s consent and without liability 109.660
Construction 109.670
Right to donate blood 109.672
Certain persons immune from liability for providing care to minor 109.675
Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent 109.680
Disclosure by mental health care provider without minor’s consent 109.685
Immunity from civil liability for person providing treatment or diagnosis 109.690
Parent or guardian not liable for payment under ORS 109.675 109.695
Rules for implementation of ORS 109.675 to 109.695 109.697
Right to contract for dwelling unit and utilities without parental consent 109.701
Short title 109.704
Definitions for ORS 109.701 to 109.834 109.707
Proceedings governed by other law 109.711
Application to Indian tribes 109.714
International application of ORS 109.701 to 109.834 109.717
Effect of child custody determination 109.721
Priority 109.724
Notice to persons outside state 109.727
Appearance and limited immunity 109.731
Communication between courts 109.734
Taking testimony in another state 109.737
Cooperation between courts 109.741
Initial child custody jurisdiction 109.744
Exclusive, continuing jurisdiction 109.747
Jurisdiction to modify determination 109.751
Temporary emergency jurisdiction 109.754
Notice 109.757
Simultaneous proceedings 109.761
Inconvenient forum 109.764
Jurisdiction declined by reason of conduct 109.767
Information to be submitted to court 109.771
Appearance of parties and child 109.774
Definitions for ORS 109.774 to 109.827 109.777
Enforcement under Hague Convention 109.781
Duty to enforce 109.784
Temporary order for parenting time or visitation 109.787
Registration of child custody determination 109.791
Enforcement of registered determination 109.794
Simultaneous proceedings 109.797
Expedited enforcement of child custody determination 109.801
Service of petition and order 109.804
Immediate physical custody of child 109.807
Warrant to take physical custody of child 109.811
Costs, fees and expenses 109.814
Recognition and enforcement 109.817
Appeals 109.821
Role of district attorney 109.824
Role of law enforcement officer 109.827
Costs and expenses of district attorney and law enforcement officers 109.831
Application and construction 109.834
Severability clause 109.990
Penalty
Green check means up to date. Up to date

Current through early 2024

§ 109.072’s source at oregon​.gov