US Laws, Codes, Statutes & Cases

Chapter 109 — Parent and Child Rights and Relationships

 

2005 EDITION

 

 

PARENT AND CHILD RIGHTS AND RELATIONSHIPS

 

DOMESTIC RELATIONS

 

PARENT AND CHILD RELATIONSHIP

 

109.001     Breast-feeding in public place

 

109.003     Attorney fees; intervenor

 

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; delegation during period of military service

 

109.060     Legal status and legal relationships when parents not married

 

109.070     Establishing paternity

 

109.073     Social Security number of parent in paternity order

 

109.090     Interpretation of ORS 109.060 to 109.090

 

109.092     Establishing paternity by acknowledgment; mother surrendering child for adoption

 

109.094     Rights of father when paternity established; procedure when paternity established

 

109.096     Notice to putative father when paternity not established

 

109.098     Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object

 

109.100     Petition for support; effect of judgment; parties

 

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; presumption regarding legal parent; motion for intervention

 

FILIATION PROCEEDINGS

 

109.124     Definitions for ORS 109.124 to 109.230

 

109.125     Who may initiate proceedings; petition; parties

 

109.135     Circuit court jurisdiction; equity suit; place of commencement

 

109.145     Court may proceed despite failure to appear; evidence required

 

109.155     Hearing; order for payment for support of child and other costs; policy regarding settlement; enforcement of settlement terms; remedies

 

109.165     Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies

 

109.175     Determination of legal custody after paternity established

 

109.225     Notice to Center for Health Statistics after petition filed; filing notice

 

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

 

ARTIFICIAL INSEMINATION

 

109.239     Rights and obligations of children resulting from artificial insemination; rights and obligations of donor of semen

 

109.243     Relationship of child resulting from artificial insemination to mother’s husband

 

109.247     Application of law to children resulting from artificial insemination

 

UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITY

 

109.250     Short title

 

109.251     “Blood tests” defined

 

109.252     Authority for blood test; effect of refusal to submit to test; payment for test

 

109.254     Selection of experts to make tests; admissible evidence

 

109.256     Compensation of experts

 

109.258     Effect of test results

 

109.259     Temporary child support pending determination of paternity

 

109.260     Applicability to criminal actions

 

109.262     Uniformity of interpretation

 

109.264     Parties

 

ADOPTION

 

109.304     Definitions for ORS 109.305 to 109.410; information in placement report

 

109.305     Interpretation of adoption laws; agreement for continuing contact

 

109.307     Court required to act within six months of filing of petition for adoption; duty of clerk

 

109.308     Confidentiality of petitioners

 

109.309     Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules

 

109.311     Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising

 

109.312     Consent to adoption

 

109.314     Consent when custody of child has been awarded in divorce proceedings

 

109.316     Consent by Department of Human Services or approved child-caring agency of this state

 

109.318     Consent by organization located outside Oregon

 

109.322     Consent when parent mentally ill, mentally deficient or imprisoned

 

109.324     Consent when parent has deserted or neglected child

 

109.326     Consent when husband not father

 

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 to nonconsenting parent; notice when child has no parent, guardian or next of kin

 

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; content; delivery to adoptive parent and to adoptee on majority

 

109.346     Adoption-related counseling for birth parent

 

109.347     Civil action for failure to pay for counseling; attorney fees

 

109.350     Judgment of adoption

 

109.353     Notice of voluntary adoption registry required before judgment entered; waiver

 

109.360     Change of adopted child’s name

 

109.381     Effect of judgment of adoption

 

109.385     Certain adoptions in foreign nations recognized; evidence

 

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; form; fee; persons eligible to receive copy; status

 

VOLUNTARY ADOPTION REGISTRY

 

109.425     Definitions for ORS 109.425 and 109.435 to 109.507

 

109.430     Policy and purpose

 

109.435     Adoption records to be permanently maintained

 

109.440     Information confidential; exceptions

 

109.445     Information of registry confidential

 

109.450     Child placement agency to maintain registry; Department of Human Services duties

 

109.455     Persons eligible to use registry

 

109.460     Persons eligible to register

 

109.465     Content of affidavit; notice of change in information

 

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; availability; fee

 

109.502     Search for birth parents, putative father or genetic siblings; who may initiate; information required; fee

 

109.503     Access to adoption records for search; duties of searcher

 

109.504     Effect on subsequent searches when person sought in initial search refuses contact

 

109.505     Support services; adoption and reunion issues

 

109.506     Rulemaking; fees

 

109.507     Access to Department of Human Services records required; access to private agency records discretionary

 

AGE OF MAJORITY

 

109.510     Age of majority

 

109.520     Majority of married persons

 

RIGHTS OF MINORS

 

109.610     Right to treatment for venereal disease without parental consent

 

109.640     Right to medical or dental treatment without parental consent; provision of birth control information and services to any person

 

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 without minor’s consent; civil immunity

 

109.685     Person providing treatment or diagnosis not subject to civil liability for providing treatment or diagnosis without consent of parent or guardian

 

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

 

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

 

(General Provisions)

 

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; preservation of records

 

(Jurisdiction)

 

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; opportunity to be heard; joinder

 

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

 

(Enforcement)

 

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; notice; hearing

 

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 allowed; exceptions; spousal privilege not allowed in certain proceedings

 

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

 

(Miscellaneous Provisions)

 

109.831     Application and construction

 

109.834     Severability clause

 

PENALTY

 

109.990     Penalty

 

      Note: Definitions in 25.010 and 25.011 apply to ORS chapter 109.

 

PARENT AND CHILD RELATIONSHIP

 

      109.001 Breast-feeding in public place. A woman may breast-feed her child in a public place. [1999 c.306 §1]

 

      Note: 109.001 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      109.003 Attorney fees; intervenor. In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding. [1997 c.90 §4; 2005 c.22 §84]

 

      109.010 Duty of support. Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.

 

      109.012 Liability of parents for expenses and education of children. (1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child.

      (b) This subsection applies to a man who is asserted to be a parent of the minor child only when:

      (A) A voluntary acknowledgment of paternity form has been filed in this or another state and the period for rescinding or challenging the voluntary acknowledgement on grounds other than fraud, duress or material mistake of fact has expired; or

      (B) Paternity has been established pursuant to an order or judgment entered under ORS 109.124 to 109.230 or 416.430.

      (c) As used in this subsection, “expenses of a minor child” includes only expenses incurred for the benefit of a minor child.

      (2) Notwithstanding subsection (1) of this section, a parent is not responsible for debts contracted by the other parent after the separation of one parent from the other parent, except for debts incurred for maintenance, support and education of the minor child of the parents.

      (3) For the purposes of subsection (2) of this section, parents are considered separated if they are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the parents are separated, in addition to other relevant factors:

      (a) Whether the parents subsequently reconciled.

      (b) The number of separations and reconciliations of the parents.

      (c) The length of time the parents lived apart.

      (d) Whether the parents intend to reconcile.

      (4) An action under this section must be commenced within the period otherwise provided by law. [2005 c.732 §2]

 

      109.015 Proceedings for child support if child receives public assistance. If public assistance is provided for any dependent child, the administrator, as defined in ORS 25.010, may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 416.400 to 416.465, 419B.400 or 419C.590 to obtain support for the child from one or both parents or from any other person legally responsible for the support of the child, including a guardian or conservator. In any proceeding under any statute cited in this section, the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991 c.67 §22; 1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997 c.249 §37; 2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b]

 

      109.020 When child’s maintenance and education may be defrayed out of income of own property. If any minor, whose father is living, has property the income of which is sufficient for the maintenance and education of the minor in a manner more expensive than the father can reasonably afford, regard being had to the situation of the father’s family and to all the circumstances of the case, the expenses of the maintenance and education of the minor may be wholly or partially defrayed out of the income of the property of the minor, as is judged reasonable by the court having probate jurisdiction. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian or the conservator of the minor of the estate of the minor. [Amended by 1973 c.823 §104]

 

      109.030 Equality in rights and responsibilities of parents. The rights and responsibilities of the parents, in the absence of misconduct, are equal, and the mother is as fully entitled to the custody and control of the children and their earnings as the father. In case of the father’s death, the mother shall come into as full and complete control of the children and their estate as the father does in case of the mother’s death.

 

      109.035 Security required before foreign travel with child. (1) As used in this section:

      (a) “Custody order” includes any order or judgment establishing or modifying custody of, or parenting time or visitation with, a minor child as described in ORS 107.095, 107.105 (1), 107.135 or 109.103.

      (b) “Foreign country” means any country that:

      (A) Is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction;

      (B) Does not provide for the extradition to the United States of a parental abductor and minor child;

      (C) Has local laws or practices that would restrict the other parent of the minor child from freely traveling to or exiting from the country because of the gender, race or religion of the other parent;

      (D) Has local laws or practices that would restrict the ability of the minor child from legally leaving the country after the child reaches the age of majority because of the gender, race or religion of the child; or

      (E) Poses a significant risk that the physical health or safety of the minor child would be endangered in the country because of war, human rights violations or specific circumstances related to the needs of the child.

      (2) A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security, bond or other guarantee as described in subsection (4) of this section.

      (3) In determining whether a risk of international abduction of a minor child exists, a court shall consider the following factors involving a parent who is subject to a custody order:

      (a) The parent has taken or retained, attempted to take or retain or threatened to take or retain a minor child in violation of state law or a valid custody order and the parent is unable to present clear and convincing evidence that the parent believed in good faith that the conduct was necessary to avoid imminent harm to the parent or the child;

      (b) The parent has recently engaged in a pattern of activities that indicates the parent is planning to abduct the minor child from this country;

      (c) The parent has strong familial, emotional or cultural connections to this country or another country, regardless of citizenship or residency status; and

      (d) Any other relevant factors.

      (4) A security, bond or other guarantee required by a court under this section may include, but is not limited to, any of the following:

      (a) A bond or security deposit in an amount that is sufficient to offset the cost of recovering the minor child if the child is abducted;

      (b) Supervised parenting time; or

      (c) Passport and travel controls, including but not limited to controls that:

      (A) Prohibit the parent from removing the minor child from this state or this country;

      (B) Require the parent to surrender a passport or an international travel visa that is issued in the name of the minor child or jointly in the names of the parent and the child;

      (C) Prohibit the parent from applying for a new or replacement passport or international travel visa on behalf of the minor child; and

      (D) Require the parent to provide to a relevant embassy or consulate and to the Office of Children’s Issues in the United States Department of State the following documents:

      (i) Written notice of passport and travel controls required under this paragraph; and

      (ii) A certified copy of a court order issued under this section.

      (5) After considering the factors under subsection (3) of this section and requiring a security, bond or other guarantee under this section, the court shall issue a written determination supported by findings of fact and conclusions of law.

      (6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children. [2003 c.532 §1; 2005 c.22 §85]

 

      Note: 109.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      109.040 [Repealed by 1953 c.650 §4]

 

      109.041 Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and

      (a) The adoptive parents of the adopted person, their descendants and kindred, and

      (b) The natural parents of the adopted person, their descendants and kindred

 

shall be the same to all legal intents and purposes after the entry of such judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents.

      (2) When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent. [1953 c.650 §1; 2003 c.576 §134]

 

      109.050 Relation of adopted child to adoptive parents. An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as the adopted child would if the adopted child were the natural child of such parents.

 

      109.053 [1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55; 2003 c.576 §135; renumbered 108.045 in 2005]

 

      109.055 [1971 c.703 §1; 1973 c.827 §12e; repealed by 1979 c.266 §3]

 

      109.056 Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.

      (2) A parent or a guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months.

      (3) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days when the parent or guardian is a member of the organized militia of this state or any other reserve component of the United States Armed Forces who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on active state duty as defined in ORS 398.002. If the minor child is living with the child’s other parent, delegation under this subsection must be to the parent with whom the minor child is living unless a court finds that such a delegation would not be in the best interests of the minor child. [Formerly 126.030; 2005 c.79 §4]

 

      109.060 Legal status and legal relationships when parents not married. The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and parents of the person, their descendants and kindred, are the same for all persons, whether or not the parents have been married. [1957 c.411 §1]

 

      109.070 Establishing paternity. (1) The paternity of a person may be established as follows:

      (a) A child born in wedlock, there being no judgment of separation from bed or board, is presumed to be the child of the mother’s husband, whether or not the marriage of the husband and wife may be void. This is a disputable presumption.

      (b) By the marriage of the parents of a child after birth of the child.

      (c) By filiation proceedings.

      (d) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsections (2) to (4) of this section, this filing establishes paternity for all purposes.

      (e) By having established paternity through a voluntary acknowledgment of paternity process in another state.

      (f) By paternity being established or declared by other provision of law.

      (2) 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 paragraph, the date of a proceeding is the date on which an order is entered in the proceeding.

      (3)(a) A signed voluntary acknowledgment of paternity filed in this state may be challenged in circuit court:

      (A) After the 60-day period in a proceeding under section 9, chapter 160, Oregon Laws 2005.

      (B) At any time after the 60-day period on the basis of fraud, duress or a material mistake of fact by:

      (i) A party to the acknowledgment;

      (ii) The child named in the acknowledgment; or

      (iii) The Department of Human Services or the administrator, as defined in ORS 25.010, 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 obtained through fraud, duress or a material mistake of fact.

      (C) Within one year after the acknowledgment has been filed. Subsection (4) of this section applies to a challenge under this subparagraph. A challenge to the acknowledgment is not allowed more than one year after the acknowledgment has been filed, unless the provisions of subparagraph (A) or (B) of this paragraph apply.

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

      (c) The party challenging an acknowledgment under this subsection has the burden of proof.

      (4)(a) Within one year after a voluntary acknowledgment of paternity form is filed in this state, a party to the acknowledgment, the child named in the acknowledgment or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court or to the administrator, as defined in ORS 25.010, for an order requiring that the mother, the child and the male party submit to blood tests as provided in ORS 109.250 to 109.262.

      (b) If the results of the tests performed under paragraph (a) of this subsection exclude the male party as a possible father of the child, or if the court determines under subsection (3) of this section that the male party is not the father of the child, a party to the challenge may apply to the court for a judgment of nonpaternity. The party that applied for the judgment shall send a certified true copy of the judgment to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of a judgment of nonpaternity, the state registrar shall correct any records maintained by the state registrar that indicate that the male party is the parent of the child.

      (c) Child support payments made before entry of a judgment of nonpaternity may not be returned to the payer. [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]

 

      Note: The amendments to 109.070 by section 17, chapter 160, Oregon Laws 2005, become operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is operative on and after January 2, 2008, is set forth for the user’s convenience.

      109.070. (1) The paternity of a person may be established as follows:

      (a) The child of a wife cohabiting with her husband who was not impotent or sterile at the time of the conception of the child is conclusively presumed to be the child of her husband, whether or not the marriage of the husband and wife may be void.

      (b) A child born in wedlock, there being no judgment of separation from bed or board, is presumed to be the child of the mother’s husband, whether or not the marriage of the husband and wife may be void. This is a disputable presumption.

      (c) By the marriage of the parents of a child after birth of the child.

      (d) By filiation proceedings.

      (e) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsections (2) to (4) of this section, this filing establishes paternity for all purposes.

      (f) By having established paternity through a voluntary acknowledgment of paternity process in another state.

      (g) By paternity being established or declared by other provision of law.

      (2) 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 paragraph, the date of a proceeding is the date on which an order is entered in the proceeding.

      (3)(a) A signed voluntary acknowledgment of paternity filed in this state may be challenged in circuit court:

      (A) At any time after the 60-day period on the basis of fraud, duress or a material mistake of fact. The party bringing the challenge has the burden of proof.

      (B) Within one year after the acknowledgment has been filed, unless the provisions of subsection (4)(a) of this section apply. A challenge to the acknowledgment is not allowed more than one year after the acknowledgment has been filed, unless the provisions of subparagraph (A) of this paragraph apply.

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

      (4)(a) 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, have not been previously completed, a party to the acknowledgment or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court or to the administrator, as defined in ORS 25.010, for an order requiring that the mother, the child and the male party submit to blood tests as provided in ORS 109.250 to 109.262.

      (b) If the results of the tests performed under paragraph (a) of this subsection exclude the male party as a possible father of the child, a party or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court for a judgment of nonpaternity. The party that applied for the judgment shall send a certified true copy of the judgment to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of a judgment of nonpaternity, the state registrar shall correct any records maintained by the state registrar that indicate that the male party is the parent of the child.

      (c) The state Child Support Program shall pay any costs for blood tests subject to recovery from the party who requested the tests.

 

      Note: Sections 9 and 10, chapter 160, Oregon Laws 2005, provide:

      Sec. 9. (1) As used in this section, “legal father” includes a man whose paternity has been established under ORS 109.070 (1) and a man who has been ordered to pay child support.

      (2) After paternity has been established under ORS 109.070 (1), if no blood tests, as defined in ORS 109.251, were performed to establish paternity, the mother or the legal father may petition the court to reopen the issue of paternity. The petitioner:

      (a) Must file the petition within two years after a voluntary acknowledgment of paternity is filed with the State Registrar of the Center for Health Statistics;

      (b) Must file the petition within two years after paternity is established as a result of a default order or a default judgment that is no longer subject to appeal; or

      (c) May file the petition at any time if the legal father is the presumed father under ORS 109.070.

      (3) The petition must contain:

      (a) An affidavit executed by the petitioner stating that the petitioner has discovered new evidence since paternity was established or that the legal father is the presumed father and the petitioner has not had an opportunity previously to challenge the paternity; and

      (b) The results of blood tests, administered within 90 days before the petition is filed, that show a zero percent probability that the legal father is the biological father of the child.

      (4) Upon receipt of a petition, the court:

      (a) May order the mother, child and legal father to submit to blood tests as provided in ORS 109.250 to 109.262 if the blood test results submitted with the petition were not properly conducted or documented; or

      (b) Shall order the mother, child and legal father to submit to blood tests as provided in ORS 109.250 to 109.262 upon the motion of a party.

      (5) Notwithstanding ORS 109.252, the petitioner shall pay any costs for blood tests ordered under subsection (4) of this section.

      (6) The provisions of ORS 109.155 apply to a proceeding under this section.

      (7) The court shall make a determination of nonpaternity if the court finds, based on all the evidence as provided in ORS 109.258, that:

      (a) The blood tests were properly conducted and documented;

      (b) The legal father is not the biological father of the child;

      (c) The legal father has not adopted the child;

      (d) The child was not conceived by artificial insemination while the legal father and the mother were married;

      (e) The petitioner has not acted to prevent the biological father from asserting his parental rights;

      (f) The petitioner, with knowledge that the legal father is not the biological father, has not:

      (A) Taken any action to affirm the legal father’s parentage of the child; and

      (B) Failed to respond to a judicial or administrative proceeding to establish paternity after receipt of proper notice and an opportunity to be heard; and

      (g) In the absence of fraud, granting the petition would not cause undue harm to the child.

      (8) The petitioner has the burden of proving subsection (7)(a) to (f) of this section. However:

      (a) Except as provided in paragraph (b) of this subsection, when a petitioner fails to prove subsection (7)(f) of this section, the court may nevertheless grant the petition and enter a judgment of nonpaternity if the court finds that the judgment would not cause undue harm to the child.

      (b) When a petitioner has signed a voluntary acknowledgment of paternity and fails to prove subsection (7)(f) of this section, the court may nevertheless grant the petition and enter a judgment of nonpaternity if the court finds that:

      (A) The petitioner signed the acknowledgment without knowledge that the legal father was not the biological father of the child; and

      (B) The judgment would not cause undue harm to the child.

      (9)(a) A child support obligation ordered before a petition is filed under this section continues until a judgment of nonpaternity is entered. However, upon a showing of good cause, the court may suspend the obligation if:

      (A) To do so would not cause undue harm to the child; and

      (B) The petitioner has not signed a voluntary acknowledgment of paternity.

      (b) In a judgment of nonpaternity, the court shall vacate any ongoing child support obligation of the legal father and may vacate any past due support. Child support payments made before entry of a judgment of nonpaternity may not be returned to the payer.

      (c) This section does not give a legal father a cause of action against the mother or biological father for reimbursement of child support paid or accrued before the entry of the judgment of nonpaternity.

      (10) If the court denies the petition, the court shall award reasonable attorney fees to the nonpetitioning parties.

      (11) The authority to petition the court under this section expires on the death of the legal father of a child. The personal representative of the legal father’s estate may not file a petition under this section. [2005 c.160 §9]

 

      Sec. 10. Section 9 of this 2005 Act is repealed on January 2, 2008. [2005 c.160 §10]

 

      109.073 Social Security number of parent in paternity order. Except as otherwise provided in ORS 25.020, the Social Security number of a parent who is subject to a paternity determination pursuant to ORS 109.070 (1)(c), (d), (e) or (f) or 416.400 to 416.465 shall be included in the order, judgment or other declaration establishing paternity. [1997 c.746 §123; 1999 c.80 §94; 2005 c.160 §12]

 

      Note: The amendments to 109.073 by section 18, chapter 160, Oregon Laws 2005, become operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is operative on and after January 2, 2008, is set forth for the user’s convenience.

      109.073. Except as otherwise provided in ORS 25.020, the Social Security number of a parent who is subject to a paternity determination pursuant to ORS 109.070 (1)(d), (e), (f) or (g) or 416.400 to 416.465 shall be included in the order, judgment or other declaration establishing paternity.

 

      Note: 109.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      109.080 [1957 c.411 §4; 1959 c.432 §64; repealed by 1975 c.640 §18]

 

      109.090 Interpretation of ORS 109.060 to 109.090. (1) The provisions of ORS 109.060 to 109.090 shall apply to all persons, irrespective of whether they are born before or after August 20, 1957. ORS 109.060 to 109.090 shall not be construed to affect a decree of distribution entered, or any probate proceeding closed, prior to August 20, 1957.

      (2) ORS 109.060 to 109.090 shall be liberally construed, with the view of effectuating their objects, notwithstanding the rule of common law that statutes in derogation thereof are to be strictly construed. [1957 c.411 §§5,6; 1983 c.740 §11]

 

      109.092 Establishing paternity by acknowledgment; mother surrendering child for adoption. When it is determined that a woman is pregnant with a child, the woman and any man to whom she is not married and with whom she engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the man may be the other person responsible for the conception. During the months of pregnancy, the man may join the woman in acknowledging paternity and assuming the rights and duties of expectant parenthood. If the man acknowledges paternity of the expected child and the woman denies that he is the father or refuses to join him in acknowledging paternity, the man may seek relief under ORS 109.125. If the woman wants the man to join her in acknowledging his paternity of the expected child and the man denies that he is the father or refuses to join her in acknowledging paternity, the woman may seek relief under ORS 109.125. If after the birth of the child the mother decides to surrender the child for adoption and paternity has not been acknowledged as provided in ORS 109.070 (1)(d) or the putative father has not asserted his rights in filiation proceedings, the mother has the right without the consent of the father to surrender the child as provided in ORS 418.270 or to consent to the child’s adoption. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §13]

 

      Note: The amendments to 109.092 by section 19, chapter 160, Oregon Laws 2005, become operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is operative on and after January 2, 2008, is set forth for the user’s convenience.

      109.092. When it is determined that a woman is pregnant with a child, the woman and any man to whom she is not married and with whom she engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the man may be the other person responsible for the conception. During the months of pregnancy, the man may join the woman in acknowledging paternity and assuming the rights and duties of expectant parenthood. If the man acknowledges paternity of the expected child and the woman denies that he is the father or refuses to join him in acknowledging paternity, the man may seek relief under ORS 109.125. If the woman wants the man to join her in acknowledging his paternity of the expected child and the man denies that he is the father or refuses to join her in acknowledging paternity, the woman may seek relief under ORS 109.125. If after the birth of the child the mother decides to surrender the child for adoption and paternity has not been acknowledged as provided in ORS 109.070 (1)(e) or the putative father has not asserted his rights in filiation proceedings, the mother has the right without the consent of the father to surrender the child as provided in ORS 418.270 or to consent to the child’s adoption.

 

      109.094 Rights of father when paternity established; procedure when paternity established. Upon the paternity of a child being established in the proceedings, the father shall have the same rights as a father who is or was married to the mother of the child. The clerk of the court shall certify the fact of paternity to the Center for Health Statistics of the Department of Human Services, and the Center for Health Statistics shall prepare a new birth certificate for the child. [1975 c.640 §6; 1983 c.709 §38]

 

      109.096 Notice to putative father when paternity not established. (1) When the paternity of a child has not been established under ORS 109.070, the putative father is entitled to reasonable notice in adoption or other court proceedings concerning the custody of the child, except for juvenile court proceedings, if the petitioner knows, or by the exercise of ordinary diligence should have known:

      (a) That the child resided with the putative father at any time during the 60 days immediately preceding the initiation of the proceeding, or at any time since the child’s birth if the child is less than 60 days old when the proceeding is initiated; or

      (b) That the putative father repeatedly has contributed or tried to contribute to the support of the child during the year immediately preceding the initiation of the proceeding, or during the period since the child’s birth if the child is less than one year old when the proceeding is initiated.

      (2) Except as provided in subsection (3) or (4) of this section, a verified statement of the mother of the child or of the petitioner, or an affidavit of another person with knowledge of the facts, filed in the proceeding and asserting that the child has not resided with the putative father, as provided in subsection (1)(a) of this section, and that the putative father has not contributed or tried to contribute to the support of the child, as provided in subsection (1)(b) of this section, is sufficient proof to enable the court to grant the relief sought without notice to the putative father.

      (3) The putative father is entitled to reasonable notice in a proceeding for the adoption of the child if notice of the initiation of filiation proceedings as required by ORS 109.225 was on file with the Center for Health Statistics of the Department of Human Services prior to the child’s being placed in the physical custody of a person or persons for the purpose of adoption by them. If the notice of the initiation of filiation proceedings was not on file at the time of the placement, the putative father is barred from contesting the adoption proceeding.

      (4) Except as otherwise provided in subsection (3) of this section, the putative father is entitled to reasonable notice in court proceedings concerning the custody of the child, other than juvenile court proceedings, if notice of the initiation of filiation proceedings as required by ORS 109.225 was on file with the Center for Health Statistics prior to the initiation of the proceedings.

      (5) Notice under this section is not required to be given to a putative father who was a party to filiation proceedings under ORS 109.125 that were dismissed or resulted in a finding that he was not the father of the child.

      (6) The notice required under this section shall be given in the manner provided in ORS 109.330.

      (7) No notice given under this section need disclose the name of the mother of the child.

      (8) A putative father has the primary responsibility to protect his rights, and nothing in this section shall be used to set aside an act of a permanent nature including, but not limited to, adoption or termination of parental rights, unless the father establishes within one year after the entry of the final judgment or order fraud on the part of a petitioner in the proceeding with respect to matters specified in subsections (1) to (5) of this section. [1975 c.640 §7; 1979 c.491 §1; 1983 c.709 §39; 1995 c.90 §1; 2003 c.576 §137; 2005 c.160 §5]

 

      109.098 Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object. (1) If a putative father of a child by due appearance in a proceeding of which he is entitled to notice under ORS 109.096 objects to the relief sought, the court:

      (a) May stay the adoption or other court proceeding to await the outcome of the filiation proceedings only if notice of the initiation of filiation proceedings was on file as required by ORS 109.096 (3) or (4).

      (b) Shall, if filiation proceedings are not pending, inquire as to the paternity of the child, the putative father’s past endeavors to fulfill his obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the putative father, the putative father’s fitness to care for and rear the child and whether the putative father is willing to be declared the father of the child and to assume the responsibilities of a father.

      (2) If after inquiry under subsection (1)(b) of this section the court finds:

      (a) That the putative father is the father of the child and is fit and willing to assume the responsibilities of a father, it shall have the power:

      (A) Upon the request of the putative father, to declare his paternity and to certify the fact of paternity in the manner provided in ORS 109.094; and

      (B) To award custody of the child to the mother or the father as may be in the best interests of the child, or to take any other action which the court may take if the parents are or were married to each other.

      (b) That the putative father is not the father of the child, it may grant the relief sought in the proceeding without the putative father’s consent.

      (c) That the putative father is the natural father of the child but is not fit or willing to assume the responsibilities of a father, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the best interests of the child, notwithstanding the father’s objection.

      (3) If a putative father of a child is given the notice of a proceeding required by ORS 109.096 and he fails to enter due appearance and to object to the relief sought therein within the time specified in the notice, the court may grant the relief sought without the putative father’s consent. [1975 c.640 §8; 1995 c.90 §2; 2005 c.160 §6]

 

      109.100 Petition for support; effect of judgment; parties. (1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive father or mother of the child may be found, for an order upon the child’s father or mother, or both, to provide for the child’s support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the father or mother appear at a time set by the court to show cause why an order of support should not be entered in the matter.

      (2) The petitioner shall state in the petition, to the extent known:

      (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.103, 109.165, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and

      (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the minor child.

      (3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.

      (4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion.

      (5) The provisions of ORS 108.120 and 108.130 apply to proceedings under subsection (1) of thi