OAR 137-055-3060: Establishing Paternity in Multiple Alleged Genetic Parent Cases

(1) Except as provided in OAR 137-055-3020(5) and (6), in any action to establish parentage initiated under ORS 25.501 to 25.556, when the person who gave birth to the child for whom parentage is being established states that the alleged genetic parent of the child could be more than one person, the administrator may initiate action against the persons named as possible alleged genetic parents as provided in this rule. (2)(a) If the parent who gave birth is able to name one of the possible alleged genetic parents as the most likely parent based upon the date of conception, the physical characteristics the child shares with that person, or other factors, the administrator may initiate action against that person only. (b) If the administrator is unable to locate the person identified by the parent who gave birth as the most likely alleged genetic parent, the administrator will not proceed with establishing parentage until they are located. (3) If parent who gave birth remains unable to identify anyone as the most likely other genetic parent, the administrator may initiate legal action against any one or more possible genetic parents, as named by the parent who gave birth, upon whom the administrator can apparently effect personal service based on the information it has available. (4) The administrator will provide notice to any possible alleged genetic parent described in this rule, and served in an action to establish parentage, that the parent who gave birth to the child for whom the administrator seeks to establish parentage has named another person as a possible alleged genetic parent unless that other person has been excluded by genetic testing. (5) The administrator will not enter an order establishing parentage with respect to an alleged genetic parent who has not been named by the parent who gave birth as the most likely alleged genetic parent unless the provisions of either subsection (a) or (b) of this section apply. (a) The alleged genetic parent has been subjected to genetic testing which did not exclude them as a possible alleged genetic parent of the child in question; or, (b) All other alleged genetic parents named by the parent who gave birth as possible parents have been excluded by genetic testing.