How Do You Establish Paternity In Oregon?
Are there guidelines for establishing paternity in Oregon?
Though the concept of establishing paternity often gets relegated to daytime talk show punchlines, determining paternity serves a far more important purpose than Povich-level, “You Are Not The Father!” drama.
Establishing paternity helps to aid the child in getting the resources and support that they deserve.
How? Well, there are times when a father is not listed on a child’s birth certificate, and the paternity process is designed to establish who the legitimate father of the child is so that they may:
Establish a court-ordered child support agreement
Garner medical insurance coverage, or additional cash funds for medical needs
Confirm and gain access to the father’s medical history, as well as that of his family
Validate the right of the child to gain access or inclusion to the father’s estate, will, Social Security or Veteran’s benefits, or other assets they may be entitled to
Is paternity automatically established at the child’s birth?
Not always. Everyone’s situation is different.
If the parents are married, then yes, paternity is automatically determined at the time of the child’s birth. If the parents aren’t married, then they must submit paperwork either to the court or to the Oregon Vital Records (OVR) offices.
This paperwork will include a form called a Voluntary Acknowledgement of Paternity. Both parents must sign the form and have it notarized (signed by a certified public official called a notary) before it can be filed by the OVR. This often happens at the hospital if the father is present at the child’s birth.
Of course, not all paternity situations involve fathers who are agreeable to establishing their paternity. In these cases, the mother does have options.
One option begins with completing a form called a Declaration In Support of Establishing Paternity. The father does not need to be involved in the completion of this form in order to begin the paternity process.
This form can also be obtained from the Division of Child Support through the State of Oregon.
(Similarly, if a father wishes to establish paternity for a child he believes he is the biological father of, Oregon’s Child Support offices can provide guidance on what their legal rights are and what they can do to have their paternity legally declared.)
Additionally, Oregon’s Child Support Program will provide instruction on genetic testing to help determine the father’s true genetic relation to the child in question.
Another option that mothers have in working with the Oregon Child Support Program is to establish paternity only in order to have the biological father’s name added to the child’s birth certificate, or they may establish paternity in order to have the father’s name added to the birth certificate and begin the process of establishing a child support order.
What does the paternity process in Oregon look like?
Oregon’s process for establishing paternity is multi-step, and can take as many as 30 to 120 days in order to complete.
In general, the process is as follows:
One parent submits their application for establishing paternity, specifying if they’re seeking paternity-only or paternity and child support in their submission
Both parents are contacted by The Oregon Child Support Program offices, given the relevant paperwork, and must sign and return the documents back to OCSP
Parents should expect a wait time of 30 days or longer on average for the paperwork to be returned, and even longer delays if OCSP has trouble locating a parent
Now, one of two things will typically occur:
Either the father acknowledges his paternity and both parents sign, notarize, and return their Voluntary Acknowledgment of Paternity form, or…
One parent will submit the Declaration In Support of Establishing Paternity paperwork
Should the former occur, once the Voluntary Acknowledgment of Paternity is filed with Oregon’s Vital Records offices, the child’s paternity is legally recognized
If it is the latter, then the legal process establishing paternity will continue, including genetic testing to determine if the alleged father is indeed a biological match
How long does biological testing take to establish paternity?
This process can take anywhere from 15 to 45 days after the initial request for paternity is made, and the Oregon Child Support Program does try to schedule these tests as quickly as they can in order to expedite the process.
The genetic testing will be scheduled by the Oregon Child Support Program, and will be administered to the alleged father, as well as the mother and the child.
It will take two to four weeks to get the test results back, and due to their high level of accuracy (over 99% accurate, according to the OCSP), they will be used as the determining factor in legally establishing the child’s parentage.
If the test does determine that the alleged father has the correct biological markers, then they will be legally recognized as the child’s father and custody, parenting time and support orders can follow.
In those cases where the alleged father is determined not to be the biological father, then an “order of non-paternity” will be recognized by the court. The alleged father’s involvement will no longer be needed. The mother must submit another alleged father in order to continue the paternity process.
Paternity can also be established through the court system. Seeking additional information on the paternity process in Oregon? Contact DBMA Family Law Group for your confidential consultation. Our team can provide you with the counsel and assistance you need to achieve the best possible outcome for your unique situation. Call or click today!