Oregon Revised Statutes Chapter 25 § 25.550 — Establishing parentage of child; certification of parentage issue to circuit

Establishing parentage of child; certification of parentage issue to circuit court. (1) The administrator may establish parentage of a child in the course of a support proceeding under ORS 25.501 to 25.556 when both parents sign statements that parentage has not been legally established and that the alleged genetic parent is the parent of the child. The administrator may enter an order which establishes parentage. (2) If the alleged genetic parent fails to file a response denying parentage and requesting a hearing within the time period allowed in ORS 25.511 (2), then the administrator, without further notice to the alleged genetic parent, may enter an order, in accordance with ORS 25.511 (7), which declares and establishes the parent as the legal parent of the child. (3) Any order entered pursuant to subsection (1) or (2) of this section establishes legal parentage 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 parentage is alleged under ORS 25.511 (3) and a written response denying parentage and requesting a hearing is received within the time period allowed in ORS 25.511 (2), or if the administrator determines that there is a valid issue with respect to parentage 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 to 109.169 apply to proceedings certified to court by the administrator pursuant to this section. (b) The office providing child support services shall send any response denying parentage and requesting a hearing to the obligee by regular first class mail or, if authorized by the obligee, by electronic mail or other electronic delivery method described by the administrator by rule. (5) An action to establish parentage initiated under ORS 25.501 to 25.556 may not be certified to court for trial unless all of the following have occurred: (a) Genetic testing has been conducted; (b) The results of the genetic testing have been served upon the parties and notice has been given that an order establishing parentage 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 parentage if at least 120 days have elapsed from receipt of the denial; or (C) Upon receipt of genetic testing results with a combined relationship index of less than 99; and (b) May certify the matter to court at any time under any other circumstances. (7) If the genetic testing conducted under ORS 109.181 to 109.203 result in a combined relationship 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 parentage and the administrator may enter an order declaring the genetic parent as the legal parent 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 parentage 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 genetic testing conducted under ORS 109.181 to 109.203 result in a combined relationship 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 parentage for purposes of establishing temporary support under this section. The court shall, upon motion of any party, enter a temporary order requiring the alleged genetic parent to provide support pending the adjudication of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275. [Formerly 416.430; 2025 c