2015 ORS 109.125¹
Who may initiate proceedings
  • petition
  • parties

(1) Any of the following may initiate proceedings under this section:

(a) A mother of a child born out of wedlock or a woman pregnant with a child who may be born out of wedlock;

(b) The duly appointed and acting guardian of the child, conservator of the child’s estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child;

(c) The administrator, as defined in ORS 25.010 (Definitions for support enforcement laws);

(d) A man claiming to be the father of a child born out of wedlock or of an unborn child who may be born out of wedlock; or

(e) The minor child by a guardian ad litem.

(2) Proceedings shall be initiated by the filing of a duly verified petition of the initiating party. The petition shall contain:

(a) If the initiating party is one of those specified in subsection (1)(a), (b), (c) or (e) of this section:

(A) The name of the mother of the child born out of wedlock or the woman pregnant with a child who may be born out of wedlock;

(B) The name of the mother’s husband if the child is alleged to be a child born to a married woman by a man other than her husband;

(C) Facts showing the petitioner’s status to initiate proceedings;

(D) A statement that a respondent is the father;

(E) The probable time or period of time during which conception took place; and

(F) A statement of the specific relief sought.

(b) If the initiating party is a man specified in subsection (1)(d) of this section:

(A) The name of the mother of the child born out of wedlock or the woman pregnant with a child who may be born out of wedlock;

(B) The name of the mother’s husband if the child is alleged to be a child born to a married woman by a man other than her husband;

(C) A statement that the initiating party is the father of the child and accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that he would have if the child were born to him in lawful wedlock;

(D) The probable time or period of time during which conception took place; and

(E) A statement of the specific relief sought.

(3) When proceedings are initiated by the administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), the state and the child’s mother and putative father are parties.

(4) When a proceeding is initiated under this section and the child support rights of one of the parties or of the child at issue have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed.

(5) A man whose paternity of a child has been established under ORS 109.070 (Establishing paternity) is a necessary party to proceedings initiated under this section unless the paternity has been disestablished before the proceedings are initiated. [1969 c.619 §1; 1971 c.191 §1; 1971 c.401 §3; 1971 c.779 §79; 1973 c.823 §105; 1975 c.458 §15a; 1975 c.640 §4a; 1979 c.90 §3; 1979 c.246 §5; 1983 c.762 §2; 1993 c.596 §21; 2001 c.334 §6; 2003 c.73 §56; 2007 c.454 §4]

Notes of Decisions

A mother who enters into a contract de­scribed in ORS 109.230 (Legality of contract between mother and father of child born out of wedlock) does so with respect only to damages that are per­sonal to her and is not prevented from pro­ceed­ings under this sec­tion for benefit of the child. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Mother who was married at time of child's birth, but contending husband was not father, was not mother of "child born out of wedlock." Fox v. Hohenshelt, 275 Or 91, 549 P2d 1117 (1976)

State, after having adequately alleged its standing to commence filia­tion pro­ceed­ing, was re­quired to prove at filia­tion trial that it was furnishing support to mother for benefit of child or assistance of any kind because of birth or impending birth of child. State ex rel AFSD v. Gilliland, 54 Or App 283, 634 P2d 820 (1981)

Due process does not require appoint­ment of attorney for alleged father. State ex rel Adult & Fam. Serv. v. Stoutt, 57 Or App 303, 644 P2d 1132 (1982), Sup Ct review denied

Mother of child born out of wedlock may initiate filia­tion pro­ceed­ing regardless of whether child is mi­nor. Norton v. MacDonald, 194 Or App 174, 93 P3d 804 (2004)

Notes of Decisions

Contract enforceable under ORS 109.230 (Legality of contract between mother and father of child born out of wedlock) provides addi­tional grounds for enforcing support obliga­tion, but cannot negate obliga­tion of support. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Uniform Child Custody Jurisdic­tion Act does not apply to paternity ac­tion because paternity ac­tion is not custody determina­tion. State ex rel Baldwin v. Hale, 86 Or App 361, 738 P2d 1016 (1987)

Chapter 109

Law Review Cita­tions

12 WLJ 569-589 (1976)


1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.