Paternity Testing Information for the
Oregon (OR)
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The Oregon Statute
(1) The administrator may establish paternity of a child in the
course of a support proceeding under ORS 416.400 to 416.470 when
both parents sign statements that paternity has not been legally
established and that the male parent is the father of the child.
The administrator may enter an order which establishes paternity.
(2) If the parent fails to file a response denying paternity
and requesting a hearing within the time period allowed in ORS
416.415 (2), then the administrator, without further notice to the
parent, may enter an order, in accordance with ORS 416.415 (7),
which declares and establishes the parent as the legal father of
the child.
(3) Any order entered pursuant to subsection (1) or (2) of this
section establishes legal paternity for all purposes. The Center
for Health Statistics of the Department of Human Services shall
prepare a new birth certificate in the new name, if any, of the
child. The original birth certificate shall be sealed and filed
and may be opened only upon order of a court of competent
jurisdiction.
(4)(a) If paternity is alleged under ORS 416.415 (3) and a
written response denying paternity and requesting a hearing is
received within the time period allowed in ORS 416.415 (2), or if
the administrator determines that there is a valid issue with
respect to paternity 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
109.230 apply to proceedings certified to court by the
administrator pursuant to this section.
(b) Any response denying paternity and requesting a hearing
shall be sent by the enforcement office to the obligee by
regular mail.
(5) An action to establish paternity initiated under ORS
416.400 to 416.470 shall not be certified to court for trial
unless all of the following have occurred:
(a) Blood tests have been conducted;
(b) The results of the blood tests have been served upon the
parties and notice has been given that an order establishing
paternity 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 paternity
if at least 120 days have elapsed from receipt of the denial; or
(C) Upon receipt of blood test results with a cumulative
paternity index of less than 99; and
(b) May certify the matter to court at any time under any other
circumstances.
(7) If the blood tests conducted under ORS 109.250 to 109.262
result in a cumulative paternity 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 paternity and
the administrator may enter an order declaring the alleged father
as the legal father 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 paternity 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 blood
tests conducted under ORS 109.250 to 109.262 result in a
cumulative paternity 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
paternity for purposes of establishing temporary support under
this section. The court shall, upon motion of any party, enter a
temporary order requiring the alleged father to provide support
pending the determination of parentage by the court. In
determining the amount of support, the court shall use the formula
established under ORS 25.275. [1979 c.431 §7; 1983 c.709 §44;
1985 c.671 §38; 1989 c.566 §6; 1991 c.484 §2; 1993 c.596 §36;
1995 c.514 §13; 1995 c.609 §2; 1999 c.80 §28]
This information is provided for reference only
