2015 ORS 109.135¹
Circuit court jurisdiction
  • equity action
  • place of commencement

(1) All filiation proceedings shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure.

(2) All filiation proceedings shall be commenced and tried in the county where either party or the child resides. [1969 c.619 §§2,3,7; 1971 c.191 §2; 1979 c.246 §6; 1981 s.s. c.3 §104; 1983 c.762 §3; 1999 c.80 §22; 2013 c.1 §5; 2013 c.126 §3]

Notes of Decisions

Appellate court standard of review for jury determina­tion re­gard­ing paternity is for substantial evidence. State ex rel Jones v. Workman, 34 Or App 777, 579 P2d 1302 (1978), Sup Ct review denied

Statute of limita­tions in filia­tion pro­ceed­ing denies child equal protec­tion. State ex rel Adult & Family Services Div. v. Bradley, 58 Or App 663, 650 P2d 91 (1982), aff'd 295 Or 216, 666 P2d 249 (1983); State ex rel AFSD v. Tuttle, 304 Or 270, 744 P2d 990 (1987)

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.