2017 ORS 416.430¹
Establishing paternity of child
  • certification of paternity issue to circuit court

(1) The administrator may establish paternity of a child in the course of a support proceeding under ORS 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order) when both parents sign statements that paternity has not been legally established and that the male parent is the father of the child. The administrator may enter an order which establishes paternity.

(2) If the parent fails to file a response denying paternity and requesting a hearing within the time period allowed in ORS 416.415 (Notice and finding of financial responsibility) (2), then the administrator, without further notice to the parent, may enter an order, in accordance with ORS 416.415 (Notice and finding of financial responsibility) (7), which declares and establishes the parent as the legal father of the child.

(3) Any order entered pursuant to subsection (1) or (2) of this section establishes legal paternity for all purposes. The Center for Health Statistics of the Oregon Health Authority shall amend the record of live birth for the child and issue a new certified copy of the record of live birth in the new name, if any, of the child. The original record of live birth shall be sealed and filed and may be opened only upon order of a court of competent jurisdiction.

(4)(a) If paternity is alleged under ORS 416.415 (Notice and finding of financial responsibility) (3) and a written response denying paternity and requesting a hearing is received within the time period allowed in ORS 416.415 (Notice and finding of financial responsibility) (2), or if the administrator determines that there is a valid issue with respect to paternity of the child, the administrator, subject to the provisions of subsections (5) and (6) of this section, shall certify the matter to the circuit court for a determination based upon the contents of the file and any evidence which may be produced at trial. The proceedings in court shall for all purposes be deemed suits in equity. The provisions of ORS 109.145 (Court may proceed despite failure to appear) to 109.230 (Legality of contract between mother and father of child born out of wedlock) apply to proceedings certified to court by the administrator pursuant to this section.

(b) Any response denying paternity and requesting a hearing shall be sent by the enforcement office to the obligee by regular mail.

(5) An action to establish paternity initiated under ORS 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order) shall not be certified to court for trial unless all of the following have occurred:

(a) Blood tests have been conducted;

(b) The results of the blood tests have been served upon the parties and notice has been given that an order establishing paternity will be entered unless a written objection is received within 30 days; and

(c) A written objection to the entry of an order has been timely received from a party.

(6) Notwithstanding the provisions of subsection (5) of this section, the administrator:

(a) Shall certify the matter to court:

(A) Within 30 days of receipt by the administrator of a timely written objection to the entry of an order by a party under subsection (5)(c) of this section;

(B) When a party requests certification in writing after the administrator has received a party’s written denial of paternity if at least 120 days have elapsed from receipt of the denial; or

(C) Upon receipt of blood test results with a cumulative paternity index of less than 99; and

(b) May certify the matter to court at any time under any other circumstances.

(7) If the blood tests conducted under ORS 109.250 (Short title) to 109.262 (Uniformity of interpretation) result in a cumulative paternity index of 99 or greater, evidence of the tests, together with the testimony of the parent, shall be a sufficient basis upon which to establish paternity and the administrator may enter an order declaring the alleged father as the legal father of the child unless a party objects in writing to the entry of the order. The testimony of the parent may be presented by affidavit.

(8) Prior to certification to court, the administrator may attempt to resolve the issue of paternity by discovery conducted under the Oregon Rules of Civil Procedure. Unless otherwise specifically provided by statute, the proceedings shall be conducted under the Oregon Rules of Civil Procedure.

(9) When, in accordance with subsection (6)(a)(A) of this section, a party objects to the entry of an order and the blood tests conducted under ORS 109.250 (Short title) to 109.262 (Uniformity of interpretation) result in a cumulative paternity index of 99 or greater, notwithstanding the party’s objection, evidence of the tests, together with the testimony of a parent, is a sufficient basis upon which to presume paternity for purposes of establishing temporary support under this section. The court shall, upon motion of any party, enter a temporary order requiring the alleged father to provide support pending the determination of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275 (Formula for determining child support awards). [1979 c.431 §7; 1983 c.709 §44; 1985 c.671 §38; 1989 c.566 §6; 1991 c.484 §2; 1993 c.596 §36; 1995 c.514 §13; 1995 c.609 §2; 1999 c.80 §28; 2009 c.595 §345; 2013 c.366 §73]

Notes of Decisions

DNA testing to es­tab­lish paternity does not violate state or federal constitu­tional guarantees against unreasonable search and seizure. Depart­ment of Justice v. Spring, 201 Or App 367, 120 P3d 1 (2005), Sup Ct review denied

Notes of Decisions

DHR could not require custodial parent to reimburse for public assistance provided mi­nor child where child left parent’s home without permission and without cause. Depart­ment of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

Law Review Cita­tions

69 OLR 692 (1990)

1 Legislative Counsel Committee, CHAPTER 416—Recovery of Aid and Child Support, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors416.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 416, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano416.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.