Paternity Testing Information for the
Oklahoma (OK)
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The Oklahoma Statute
A. The Department of Human Services may serve a notice of
paternity and support obligations on an individual alleged to be
the parent of a child for whom paternity has not been judicially
or administratively established. Venue for such action shall be,
at the option of the plaintiff, in the county where the mother,
father or child resides. Service of the notice shall be in the
same manner as a summons in a civil action pursuant to Section
2004 of Title 12 of the Oklahoma Statutes.
B. The notice shall be verified and have attached to it a copy
of any affidavit acknowledging paternity or any blood or other
genetic test results, if available, and shall state:
1. The name and date of birth of any minor children, along with
the name of the natural mother and custodian, if different than
the mother or putative father;
2. The amount of child support and other support, including the
amounts ordered pursuant to paragraph 3 of this subsection, to be
ordered in accordance with the Child Support Guidelines provided
in Section 118 of Title 43 of the Oklahoma Statutes;
3. The amount of reimbursement for the costs of the birth and
the reasonable expenses of providing for said child which has
accrued or is accruing, provided that the liability for the above
costs shall be imposed for five (5) years preceding the issuance
of the notice;
4. That health insurance for the child whenever such insurance
is available through employment or other group health insurance
plan and that payment of proportionate share of any unreimbursed
health costs shall be required;
5. The amount of reimbursement requested for the costs of the
genetic test to determine paternity, if any;
6. That an immediate income assignment will be effectuated for
payment of current support and any judgments entered;
7. That in the absence of genetic test results or an affidavit
acknowledging paternity a notice to appear and show cause why the
administrative judge should not determine him to be the father
will be issued;
8. That a father may object to the notice of paternity and
support obligations. To object he must, within twenty (20) days of
the date of service, make a written request for a hearing to show
cause why he should not appear for genetic testing, and be
determined to be the father of any such children, liable for the
support requested in the notice, for the costs accrued and
accruing or the amount to be paid thereon;
9. That if paternity is disputed, the Administrative Law Judge
shall enter an order directing genetic tests to determine
paternity and advise the putative father that if he fails to
appear he will be in default and an order will be entered against
him. If the putative father is not excluded, and the statistical
probability of paternity according to scientifically reliable
genetic tests including but not limited to blood tests is
ninety-eight percent (98%) or less and he is contesting the issue
of paternity, he may request the Department to remove the action
to district court to determine paternity. If the statistical probability
of paternity is greater than ninety-eight percent (98%), or
the statistical probability is ninety-eight percent (98%) or less
and the father does not request the Department to remove to
district court within fifteen (15) days of the Department mailing
the genetic test or other test results, determination of paternity
shall become final for all intents and purposes and may be
overturned only by appeal to district court. Any such request
shall be in writing and served on the Department personally or by
registered or certified mail;
10. That if the putative father fails to appear at the genetic
testing, show cause, or any subsequent hearing or if no notice to
appear for genetic testing was served and no hearing is requested
on or before twenty (20) days from the date of service, the
finding of paternity shall become final and a support order
entered. The order shall be docketed with the district court in
the county of residence of the custodian or the child. If neither
the custodian nor the child reside in the state, the order shall
be docketed in the county of residence of the noncustodial parent.
The support order shall be enforced in the same manner as an order
of the district court;
11. That at any time after paternity is determined, the
Department may set a hearing to determine the child support
obligation, if child support has not already been established.
Failure to appear at such hearing will result in a support order
being entered against the noncustodial parent; and
12. That if the mother and father have voluntarily signed an
acknowledgment of paternity pursuant to Section 1-311.3 of Title
63 of the Oklahoma Statutes, the signed voluntary acknowledgment
of paternity is considered a legal finding of paternity, subject
to the right of any signatory to rescind the acknowledgment within
the earlier of: a. sixty (60) days, or b. the date of an
administrative or judicial proceeding relating to the child,
including but not limited to a proceeding to establish a support
order, in which the signatory is a party. After the sixty-day
period referred to in subparagraph a of this paragraph, a signed
voluntary acknowledgment of paternity may be challenged in court
only on the basis of fraud, duress, or material mistake of fact,
with the burden of proof upon the challenger. The legal
responsibilities, including but not limited to child support
obligations, of any signatory arising from the acknowledgment may
not be suspended during the challenge, except for good cause
shown. This paragraph shall not be interpreted to authorize the
rescission of an acknowledgement of paternity if such rescission
would be prohibited under applicable federal law. C. The
Department may accept voluntary acknowledgments of support
liability and support amounts. D. If the father's name has not
been entered on the child's birth certificate, the Department of
Human Services shall notify the State Registrar of Vital
Statistics who shall enter the father's name on the birth
certificate. E. If child support services are being provided
pursuant to Section 237 of this title, prior to the issuance of
the notice of paternity and support obligation, a father who
denies paternity may request that a genetic test or other test be
administered. The request for testing shall be in writing and
served on the Department personally or by registered or certified
mail. F. If a request for testing is made pursuant to subsection B
or E of this section, the Department shall arrange for the test
and, pursuant to rules promulgated by the Department, may advance
the cost of such testing. The Department shall mail a copy of the
test results by a certificate of mailing to the father's
last-known address. If a request for genetic tests was made
pursuant to subsection E of this section, the Department shall
mail the notice of paternity and support obligations to the father
by certificate of mailing to the father's last-known address. G.
If genetic testing excludes a person from being a natural parent,
the Department shall dismiss any pending court or administrative
collection proceedings against the person. The State Registrar of
Vital Statistics shall remove the name of the person listed as the
father from the birth certificate, upon notice from the Department
that such person has been excluded by genetic testing. Once
paternity is established, the State Registrar of Vital Statistics
shall correct its records and amend the birth certificate to
reflect the father's name. H. If both the custodian and the father
agree to change the surname of the child to that of the father,
the Department may order the name changed. Upon receipt of an
order changing the child's surname, the State Registrar of Vital
Statistics shall correct its records and amend the birth
certificate to reflect the name change. I. All docketed
administrative orders shall be modified and enforced in the same
manner as an order of the district court.
Added by Laws 1994, c. 356, § 6, eff. Sept. 1, 1994. Amended
by Laws 1997, c. 402, § 21, eff. July 1, 1997; Laws 1999, c. 396,
§ 22, emerg. eff. June 10, 1999.
This information is provided for reference only
