Oregon Revised Statutes Chapter 109 § 109.067 — Presumption of parentage; challenging presumption

Presumption of parentage; challenging presumption. (1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: (a) The individual is married to the parent who gave birth to the child at the time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void; or (b) The individual was married to the parent who gave birth to the child 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 that is established under subsection (1)(a) of this section may be challenged by the parent who gave birth to the child or by the child’s presumed parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the child’s presumed parent are cohabiting, unless the parent who gave birth to the child and the child’s presumed parent both consent to the challenge. (3)(a) An action or proceeding to challenge parentage of a child established under this section must be initiated before the child attains 18 years of age unless the child initiates the action or proceeding. (b) 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. (c) A presumption of parentage cannot be rebutted after the child attains four years of age unless the court determines: (A) The presumed parent is not a genetic parent, never resided with the child and never held the child out as the presumed parent’s child; (B) The child has more than one presumed parent; or (C) The presumption arose due to fraud, duress or a material mistake of fact. (d) The four-year statute of limitation under paragraph (c) of this subsection does not apply if the presumed parent’s parentage of the child is being challenged: (A) Under ORS