ORS 109.070
Presumption of parentage

  • establishing paternity by voluntary acknowledgment

(1)

The parentage of a person is rebuttably presumed if:

(a)

The person is married to the birth mother at the time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void.

(b)

The person is married to the birth mother and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation.

(2)

The parentage of a child established under subsection (1)(a) or (4)(a) of this section may be challenged in an action or proceeding by either spouse. The parentage may not be challenged by a person other than a spouse as long as the spouses are married and are cohabiting, unless both spouses consent to the challenge.

(3)

If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption of parentage in subsection (1) of this section.

(4)

The paternity of a person may be established by a voluntary acknowledgement as follows:

(a)

By the marriage of the parents of a child after the birth of the child, and the parents filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgement of paternity form as provided by ORS 432.098 (Voluntary acknowledgment of paternity form).

(b)

By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgement of paternity form as provided under ORS 432.098 (Voluntary acknowledgment of paternity form). Except as otherwise provided in subsections (5) and (8) of this section, a filing under this paragraph establishes paternity for all purposes.

(c)

By establishment of paternity through a voluntary acknowledgement of paternity in another state.

(5)

Intentionally left blank —Ed.

(a)

A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:

(A)

Sixty days after filing the acknowledgment; or

(B)

The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. For the purposes of this subparagraph, the date of a proceeding is the date on which an order is entered in the proceeding.

(b)

To rescind the acknowledgment, the party shall sign and file with the State Registrar of the Center for Health Statistics a written document declaring the rescission.

(6)

Intentionally left blank —Ed.

(a)

A signed voluntary acknowledgment of paternity filed in this state may be challenged and set aside in circuit court at any time after the 60-day period referred to in subsection (5) of this section on the basis of fraud, duress or a material mistake of fact.

(b)

The challenge may be brought by:

(A)

A party to the acknowledgment;

(B)

The child named in the acknowledgment; or

(C)

The Department of Human Services or the administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment was signed because of fraud, duress or a material mistake of fact.

(c)

The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure.

(d)

The party bringing the challenge has the burden of proof.

(e)

Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause.

(f)

If the court finds by a preponderance of the evidence that the acknowledgment was signed because of fraud, duress or material mistake of fact, the court shall set aside the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable.

(7)

Within one year after a voluntary acknowledgment of paternity form is filed in this state and if blood tests, as defined in ORS 109.251 (“Blood tests” defined), have not been completed, a party to the acknowledgment, or the department if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for an order for blood tests in accordance with ORS 25.554 (Reopening issue of paternity).

(8)

Intentionally left blank —Ed.

(a)

A voluntary acknowledgment of paternity is not valid if, before the party signed the acknowledgment:

(A)

The party signed a consent to the adoption of the child by another individual;

(B)

The party signed a document relinquishing the child to a child-caring agency as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998);

(C)

The party’s parental rights were terminated by a court; or

(D)

In an adjudication, the party was determined not to be the biological parent of the child.

(b)

Notwithstanding any provision of subsection (4)(a) or (b) of this section or ORS 432.098 (Voluntary acknowledgment of paternity form) to the contrary, an acknowledgment signed by a party described in this subsection and filed with the State Registrar of the Center for Health Statistics does not establish paternity and is void. [1957 c.411 §2; 1969 c.619 §11; 1971 c.127 §2; 1975 c.640 §3; 1983 c.709 §37; 1995 c.79 §37; 1995 c.514 §7; 1999 c.80 §20; 2001 c.455 §17; 2003 c.576 §136; 2005 c.160 §§11,17; 2007 c.454 §1; 2016 c.106 §42; 2017 c.651 §3]

Source: Section 109.070 — Presumption of parentage; establishing paternity by voluntary acknowledgment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html.

Notes of Decisions

A mother of a child who was married at the time of its birth, but who contends that the biological father of the child was a man other than her husband, may not bring an action under this section to establish paternity. Fox v. Hohenshelt, 275 Or 91, 549 P2d 1117 (1976)

In hearing on motion to terminate visitation rights, where wife testified husband was not child’s biological father, testimony could not be received for purpose of establishing paternity but was properly considered on issue of husband’s attitude toward child. Anderson and Anderson, 41 Or App 679, 598 P2d 1258 (1979), Sup Ct review denied

Although child’s paternity has not been established under ORS chapter 109, Workers’ Compensation Board may determine child’s paternity for purpose of determining mother and child’s rights to benefits. Amos v. SAIF, 72 Or App 145, 694 P2d 998 (1985)

Where mother and husband were divorced by time child was born, born-in-wedlock presumptions cannot apply. Dept. of Human Resources v. Mock, 83 Or App 1, 730 P2d 553 (1986), Sup Ct review denied

Where wife and husband dispute issue of cohabitation at conception, burden of proof is on party alleging cohabitation. Hodge and Hodge, 301 Or 433, 722 P2d 1235 (1986)

Person conclusively presumed to be legal father under pre-2005 version of statute without performance of blood test may petition court to reopen issue of paternity. State ex rel Juvenile Department v. G.W., 217 Or App 513, 177 P3d 24 (2008)

For presumption of parentage to apply, person must be biological parent. Shineovich and Kemp, 229 Or App 670, 214 P3d 29 (2009), Sup Ct review denied

Attorney General Opinions

Agreement in surrogacy contract to acknowledge paternity of or adopt yet-unconceived child not judicially enforceable, (1989) Vol 46, p 221

Law Review Citations

44 WLR 297 (2007)

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
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