Oregon Revised Statutes Chapter 109 § 109.184 — Authority to order or deny genetic testing

Authority to order or deny genetic testing. (1) Except as otherwise provided in ORS 109.181 to 109.203, in a proceeding in this state in which parentage is a relevant fact, the court or the administrator: (a) May order the child and any other individual to submit to genetic testing: (A) Upon the court’s or administrator’s own initiative; (B) At the request of or on behalf of any person whose genetic material is involved; (C) At the request of the Department of Human Services if the child is in the care and custody of the department under ORS chapter 419B; or (D) At the request of a party to the action if the request is made at a time so as not to unduly delay the proceedings; and (b) Shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party: (A) Alleging a reasonable possibility that the individual is the child’s genetic parent; or (B) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent. (2) The court or administrator agency may not order in utero genetic testing. (3) If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially. (4) Genetic testing of the person who gave birth to the child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the person who gave birth to the child is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated. (5) The court may deny a motion for genetic testing of the child and any other individual after considering the factors in ORS 109.151 if the genetic testing is requested in a proceeding: (a) To adjudicate the parentage of a child having a presumed parent; (b) To challenge an acknowledgment of parentage; or (c) Except as provided in ORS 109.238 (3), to determine whether a gestational surrogate is the genetic parent of a child believed to have been conceived by assisted reproduction under a gestational surrogacy agreement. (6) The court may only approve an individual’s request for genetic testing if the individual has standing to maintain a proceeding to adjudicate parentage and any statute of limitations or time limits for initiating a proceeding to adjudicate parentage that are applicable to the individual have not expired. (7) If any individual declines to submit to genetic testing ordered by the court, the court or administrator may: (a) If the rights of others and the interests of justice so require, resolve the question of parentage against such person or enforce the court’s or administrator’s order; or (b) Find the individual in contempt of court. (8) Subject to the limitations in ORS 109.067 (2) and ORS 109.070 (6)(c), the Department of Human Services is not required to obtain a court order under this section to make a referral for genetic testing at the request of a party or a child’s alleged genetic parent if the child is in the department’s care and custody. [2025 c.592 §41]