OAR 137-055-3080: Responsibility of Administrator to Establish Parentage at Request of Self-Alleged Genetic Parent

(1) For purposes of this rule, self-alleged genetic parent means an individual who both: (a) Claims that they are, or possibly are, the genetic parent of a child born out of wedlock as defined in ORS 109.124; and (b) Makes a written request to have their parentage legally established for the child, establishing themselves as the legal parent. (2) The administrator is responsible for pursuing establishment of parentage at the request of a self-alleged genetic parent, subject to all the following: (a) The self-alleged genetic parent must either: (A) Be eligible for services under ORS 25.080 because they are receiving Temporary Assistance to Needy Families (TANF) cash assistance or Medicaid assistance for the child born out of wedlock; or (B) Complete an application for services as provided under ORS 25.080. (b) Unless otherwise prohibited under this rule, the administrator will: (A) Take all appropriate steps to determine if the self-alleged genetic parent is the genetic parent; and (B) Pursue appropriate action to legally establish parentage unless evidence indicates that they are not the genetic parent. (c) The administrator will not pursue action to establish parentage under this section in any case where: (A) Adoption of the child is final; or (B) Legal parentage for a person in addition to the parent who gave birth already exists for the child; or (C) The administrator has determined that establishing parentage for the self-alleged genetic parent would not be in the best interests of the child, in accordance with section (4) of this rule. (3)(a) When a self-alleged genetic parent requests the administrator establish their legal parentage for a child, the administrator will send written notification by first class mail to the last known address of the parent who gave birth and, if a separate party, caretaker or legal guardian of the child. Further, if the administrator knows or is informed that legal proceedings for adoption of the child are pending, the administrator will also send written notification to the licensed private agency handling the adoption, or if none exists, to the Oregon Department of Human Services; (b) The administrator will make a thorough attempt to locate any party entitled to notice under this section, including but not limited to review of appropriate manual resources and monitor automated responses. If unable to locate a party entitled to notice under this section within 30 days, the administrator will proceed to process the case as described in section (7) of this rule without the notice described in this section; (c) The written notification must state the following: (A) That the self-alleged genetic parent has asked the administrator for establishment of parentage services; (B) That if legal proceedings for adoption of the child are pending, or if it is alleged that the child was conceived due to rape or incest, the Oregon Child Support Program director will determine whether establishing parentage is in the best interests of the child; (C) That a copy of any response to the notification will be sent to the self-alleged genetic parent, and that the self-alleged genetic parent will then have an opportunity to respond to the allegations. The administrator will ensure that the address of the parent who gave birth or guardian is redacted from any written material sent to the self-alleged genetic parent; (D) The factors the program director will consider for determining whether establishing parentage would be in the best interest of the child, as set out in section (4) of this rule; (E) That the parent who gave birth, legal guardian, and adoption agency or the Oregon Department of Human Services child welfare program, if appropriate under this rule, has 15 days to respond in writing to the written notification; (F) That the self-alleged genetic parent has 15 days to respond to an allegation or response received by the program director; (G) That if any of the parties listed in paragraph (E) or (F) of this subsection does not respond to the written notice or allegation within 15 days, the program director will make a determination based on the responses received; (H) That if the program director determines that establishing parentage would not be in the best interests of the child, this decision: (i) Means only that the administrator will not pursue action to establish parentage; and (ii) Does not preclude the self-alleged genetic parent from pursuing establishment of parentage on their own, without the assistance of the administrator. (4) In any case where legal proceedings for adoption of the child are pending, or where the child was conceived due to alleged rape or incest, the program director is responsible for determining whether action to establish parentage would be in the best interests of the child. (a) If the program director determines that action to establish parentage would not be in the best interests of the child, the administrator will take no further action to establish parentage for the self-alleged genetic parent; (b) A signed written statement from the parent who gave birth or legal guardian of the child, stating that the child was conceived as a result of rape or incest, is sufficient reason for the program director to determine that establishing parentage would not be in the best interests of the child, unless such statement is disputed or denied by the self-alleged genetic parent, subject to the following: (A) If the self-alleged genetic parent does not respond to the copy of the allegation or response the program director receives as provided in subsections (3)(a) through (3)(c) of this rule, the program director will make a determination by default based on the parent who gave birth’s or legal guardian’s statement; (B) If the self-alleged genetic parent does respond and acknowledges that the child was conceived by rape or incest, the program director must determine that establishing parentage would not be in the best interests of the child; (C) If the self-alleged genetic parent does respond and denies that the child was conceived by rape or incest, the program director will decide whether to pursue action to establish parentage. The program director will consider factors including, but not limited to: (i) Whether a police report was filed; (ii) Whether the self-alleged genetic parent was convicted or acquitted of rape or incest charges; (iii) Whether other persons have information that the child was conceived due to rape or incest; (iv) Any other factors known or provided to the program director that would support or refute the veracity of the rape or incest allegation; (v) Whether establishing parentage would be in the best interest of the child, considering the factors listed in subsection (c) of this section; (vi) The program director’s decision in this matter is limited only to whether the administrator will pursue action to establish parentage, and is in no way to be construed or intended as a determination or accusation of whether the self-alleged genetic parent is in fact guilty or not guilty of rape or incest; (c) When legal proceedings for adoption of the child are pending, the program director will consider the following factors in determining whether establishing parentage would be in the best interests of the child: (A) The nature of the relationship or contacts between the child and the self-alleged genetic parent. This determination may consider whether the child has lived with the self-alleged genetic parent or has had frequent visitation with the self-alleged genetic parent, thereby establishing a substantial parent-child relationship; (B) The degree of parental commitment by the self-alleged genetic parent to the child. This determination may consider whether the self-alleged genetic parent has attempted to stay in contact with the child, and if such attempts would continue or increase in the future; (C) The degree to which the self-alleged genetic parent has contributed or attempted to contribute, consistent with their ability, to the support of the child. This determination may consider the nature and extent of such support, and if such support would continue or increase in the future; (D) If there is a legal relationship between the child and the self-alleged genetic parent, or if there has been an attempt to establish such a legal relationship through adjudication of parentage, custody actions, voluntary acknowledgment of parentage, or similar actions. This determination may consider whether the self-alleged genetic parent has had an opportunity to establish a legal relationship prior to the initiation of adoption proceedings; (E) Whether good reasons exist that would excuse the self-alleged genetic parent’s failure to establish a relationship, or stay in contact with the child, or contribute to the support of the child, or attempt to establish a legal relationship with the child. Such reasons may include, but are not limited to, the self-alleged genetic parent’s late awareness of the pregnancy or of the child’s birth. (5) Absent judicial review, the decision of the program director is final with regard to any responsibility of the administrator to pursue establishment of parentage. (6) No provision of this rule prohibits the self-alleged genetic parent from pursuing establishing parentage on their own, without the assistance of the administrator. (7) If the program director determines (when a determination by the program director is necessary under this rule) that the administrator may pursue action to establish parentage at the request of a self-alleged genetic parent, or if the administrator does not receive a written assertion requiring such a determination by the program director under this rule, the administrator will proceed on the case as follows: (a) The administrator must provide the parent who gave birth, unless they are deceased, actual notice of the action to establish parentage. Notice must be by personal service upon the parent who gave birth. If personal service is not successful, the administrator shall request permission from the circuit court to serve them by an alternate method as provided in ORCP 7 D(6); (b) If the parent who gave birth to the child or children cannot be personally served with notice of the action or if they are deceased, the child support program will not enter an order establishing parentage unless genetic testing to determine parentage has been completed which fails to exclude the self-alleged genetic parent and has a probability of parentage of at least 99 and a combined relationship index of 100 to 1; (c) In any action to establish parentage in which the administrator cannot personally serve the parent who gave birth, or when they are deceased, the administrator will request that the court appoint a willing, qualified, and suitable person to be a guardian ad litem for the child. If no relative or other person agrees to such appointment, the administrator will request that an attorney be appointed for this purpose. (8) All other provisions of this rule notwithstanding, the administrator cannot require the parent who gave birth (or other custodial adult) to cooperate with efforts to establish parentage, and the administrator will not assess a penalty for not cooperating, in any case where a finding of good cause pursuant to federal law at 42 U.S.C. 654(29) and 42 U.S.C.666(a)(5)(B)(i), is either currently in effect or is pending. In any such case, the administrator need not proceed further on behalf of the self-alleged genetic parent if it determines that there is no further effective action the administrator can take on behalf of the self-alleged genetic parent.