OAR 137-055-3140: Reopening of Parentage Cases

(1) When a party claims that a person established as the parent of a child is not the biological parent of the child, the administrator will open or reopen the issue of parentage when all of the provisions of subsections (a) through (e) apply: (a) An Oregon administrative order established parentage or parentage was established in Oregon by a signed voluntary acknowledgment; (b) Genetic testing has not been conducted; (c) The order was entered with the circuit court one year ago or less, or the voluntary acknowledgment as described in ORS 432.098 was filed with the Center for Health Statistics one year ago or less; (d) The party applying has completed and returned to the administrator a request for reopening and, if required, a signed application for services, prior to expiration of the one-year-period; and (e) The administrator has jurisdiction over the parties. (2) The administrator will not reopen the issue of parentage if parentage was established by voluntary acknowledgment as provided in ORS 109.070(1)(a)(B) and the parent who gave birth and the acknowledged parent are currently married, unless they both consent to reopening. (3) An order establishing parentage will be vacated, dismissed or set aside under this rule when genetic testing excludes the party in question as the parent of all the children subject to the order, or a party fails to comply and the issue of parentage is resolved against that party for all the children subject to the order. The administrator will not seek a court order requiring repayment to the debtor of money paid by that debtor under the order. (4) If a reopening initiated by the administrator results in an order of nonparentage for all children subject to a child support order, the administrator will satisfy any state debt owing on the case and file credit arrears owed to any other party. (5) Any judgment of nonparentage under this rule will be by circuit court order.