ORS 109.070: Voluntary acknowledgment of parentage; rescission; challenge.

(1) A parent who gave birth to a child and a child’s alleged genetic parent may establish parentage of the child: (a) By filing with the State Registrar of the Center for Health Statistics a voluntary acknowledgment of parentage form as prescribed by rule under ORS 432.098: (A) On or after the child’s date of birth; or (B) After the child’s date of birth if the child’s parents marry after the child’s birth; or (b) By establishment of parentage through a voluntary acknowledgment of parentage in another state. (2) Except as otherwise provided in subsections (5) and (8) of this section, a filing under subsection (1)(a) of this section establishes parentage for all purposes. (3) The voluntary acknowledgment of parentage form must contain: (a) A statement that the child whose parentage is being acknowledged does not have a presumed parent, other acknowledged parent, adjudicated parent or intended parent other than the parent who gave birth to the child; (b) A statement of the parents’ rights and responsibilities including any rights afforded to a parent who is under 18 years of age; (c) A statement of the alternatives to and consequences of signing the acknowledgment; (d) Lines for the Social Security numbers and addresses of the parents; (e) If the acknowledgment is witnessed by staff in the health care facility, a statement that the witness read to the parties the rights, responsibilities, alternatives and consequences listed on the acknowledgment prior to signing the acknowledgment; (f) A statement that the parties to the acknowledgment understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances; and (g) A place for the signatures of the parent who gave birth to the child and the individual whose parentage is being acknowledged to be: (A) Notarized; or (B) Witnessed by a staff member of the health facility where the child was born if witnessed within five days following the child’s birth. (4) Unless rescinded under subsection (5) of this section or successfully challenged under subsection (6) of this section an acknowledgment of parentage that complies with this section and ORS 432.098 and has become effective as described in ORS 432.098 is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. (5)(a) A party to a voluntary acknowledgment of parentage may rescind the acknowledgment by filing with the state registrar a written rescission, signed by the party and notarized. (b) The rescission must be filed with the state registrar within the earlier of: (A) Sixty days after the acknowledgment becomes effective as described in ORS 432.098; or (B) The date of the first hearing before the court in a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. (6)(a) A signed voluntary acknowledgment of parentage filed in this state may be challenged and set aside in circuit court at any time after the 60-day period referred to in subsection (5) of this section on the basis of fraud, duress or a material mistake of fact. (b) The challenge may be brought by: (A) A party to the acknowledgment; (B) The child named in the acknowledgment; or (C) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment was signed because of fraud, duress or a material mistake of fact. (c) Notwithstanding paragraph (b) of this subsection, an acknowledgment of parentage described in subsection (1)(a)(B) of this section may be challenged by the parent who gave birth to the child or by the child’s acknowledged parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the acknowledged parent are married and cohabiting, unless the parent who gave birth to the child and the acknowledged parent both consent to the challenge. (d) The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure. (e) Every party to the acknowledgment must be made a party to the proceeding. (f) By signing an acknowledgment of parentage, a party to the acknowledgment submits to the personal jurisdiction in this state in a proceeding to challenge the acknowledgment, effective on the filing of the acknowledgment with the state registrar. (g) The party bringing the challenge has the burden of proof. (h) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause. (i) If the court finds by a preponderance of the evidence that the acknowledgment was signed because of fraud, duress or material mistake of fact, the court shall set aside the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable. (7) A party to a voluntary acknowledgment of parentage, or the department if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for an order for genetic testing in accordance with ORS 25.554 if: (a) The application is made within one year after the acknowledgment becomes effective, as described in ORS 432.098; (b) Genetic testing has not previously been completed; and (c) The administrator is not prohibited under ORS 25.554 (9) from reopening the issue of parentage and ordering genetic testing. (8)(a) A voluntary acknowledgment of parentage is not valid if, before the party signed the acknowledgment: (A) The party signed a consent to the adoption of the child by another individual; (B) The party signed a document relinquishing the child to a child-caring agency as defined in ORS 418.205; (C) The party’s parental rights were terminated by a court; or (D) The party was adjudicated not to be the parent of the child. (b) A voluntary acknowledgment of parentage is not valid if, at the time the acknowledgment is signed, an individual other than the parent who gave birth to the child is the child’s presumed parent, acknowledged parent, adjudicated parent or intended parent, including an intended parent of the child under a surrogacy agreement. (c) Notwithstanding any provision of subsection (1)(a) or (b) of this section or ORS 432.098 to the contrary, an acknowledgment does not establish parentage and is void if: (A) The acknowledgment is signed by a party described in paragraph (a) of this subsection; or (B) The acknowledgment is signed under the circumstances described in paragraph (b) of this subsection. (9) An unchallenged acknowledgment of parentage may not be ratified by a court or an administrative agency. [1957 c.411 §2; 1969 c.619 §11; 1971 c.127 §2; 1975 c.640 §3; 1983 c.709 §37; 1995 c.79 §37; 1995 c.514 §7; 1999 c.80 §20; 2001 c.455 §17; 2003 c.576 §136; 2005 c.160 §§11,17; 2007 c.454 §1; 2016 c.106 §42; 2017 c.651 §3; 2025 c.592 §8] 109.070. (1) A parent who gave or will give birth to a child and a child’s alleged genetic parent, presumed parent or, if the child was conceived by assisted reproduction, other than under a surrogacy agreement, intended parent may establish parentage of the child: (a) By filing with the State Registrar of the Center for Health Statistics a voluntary acknowledgment of parentage form as prescribed by rule under ORS 432.098: (A) Before, on or after the child’s date of birth; or (B) After the child’s date of birth if the child’s parents marry after the child’s birth; or (b) By establishment of parentage through a voluntary acknowledgment of parentage in another state. (2) Except as otherwise provided in subsections (6) and (9) of this section, a filing under subsection (1)(a) of this section establishes parentage for all purposes. (3) The voluntary acknowledgment of parentage form must contain: (a) A statement that the child whose parentage is being acknowledged: (A) Does not have a presumed parent other than the individual seeking to establish parentage or has a presumed parent whose denial of parentage is being filed with the acknowledgment; and (B) Does not have another acknowledged parent, adjudicated parent or intended parent other than the parent who gave or will give birth to the child; (b) A statement of the parents’ rights and responsibilities including any rights afforded to a parent who is under 18 years of age; (c) A statement of the alternatives to and consequences of signing the acknowledgment; (d) Lines for the Social Security numbers and addresses of the parents; (e) If the acknowledgment is witnessed by staff in the health care facility, a statement that the witness read to the parties the rights, responsibilities, alternatives and consequences listed on the acknowledgment prior to signing the acknowledgment; (f) A statement that the parties to the acknowledgment understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances; and (g) A place for the signatures of the parent who gave or will give birth to the child and the individual whose parentage is being acknowledged to be: (A) Notarized; or (B) Witnessed by a staff member of the health facility where the child was born if witnessed within five days following the child’s birth. (4)(a) A presumed parent or an alleged genetic parent may deny parentage by signing a written denial of parentage. (b) The denial of parentage is effective only if: (A) An acknowledgment of parentage by another individual is filed with the state registrar before, concurrently or after the denial of parentage is filed with the state registrar; (B) The signature of the presumed parent or alleged genetic parent is notarized; and (C) The presumed parent or alleged genetic parent has not previously been adjudicated to be a parent of the child or signed a valid acknowledgment of parentage, unless the previous acknowledgment of parentage was rescinded under subsection (6) of this section or challenged successfully under subsection (7) of this section. (5) Unless rescinded under subsection (6) of this section or successfully challenged under subsection (7) of this section: (a) An acknowledgment of parentage that complies with this section and ORS 432.098 and has become effective as described in ORS 432.098 is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. (b) A denial of parentage by a presumed parent or alleged genetic parent that complies with this section and ORS 432.098 and has become effective as described in ORS 432.098 is equivalent to an adjudication of nonparentage. (6)(a) A party to a voluntary acknowledgment or denial of parentage may rescind the acknowledgment or denial by filing with the state registrar a written rescission, signed by the party and notarized. (b) The rescission must be filed with the state registrar within the earlier of: (A) Sixty days after the acknowledgment or denial becomes effective as described in ORS 432.098; or (B) The date of the first hearing before the court in a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment or denial is also a party. (c)(A) If an acknowledgment of parentage is rescinded under this subsection, an associated denial of parentage is invalid. (B) If a denial of parentage is rescinded under this subsection, an associated acknowledgment of parentage is invalid. (7)(a) A signed voluntary acknowledgment of parentage and, if applicable, denial of parentage filed in this state may be challenged and set aside in circuit court at any time after the 60-day period referred to in subsection (6) of this section on the basis of fraud, duress or a material mistake of fact. (b) The challenge may be brought by: (A) A party to the acknowledgment and, if applicable, the denial; (B) The child named in the acknowledgment and, if applicable, the denial; or (C) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment and, if applicable, the denial is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment or denial was signed because of fraud, duress or a material mistake of fact. (c) Notwithstanding paragraph (b) of this subsection, an acknowledgment of parentage described in subsection (1)(a)(B) of this section may be challenged by the parent who gave birth to the child or by the child’s acknowledged parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the acknowledged parent are married and cohabiting, unless the parent who gave birth to the child and the acknowledged parent both consent to the challenge. (d) The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure. (e) Every party to the acknowledgment and, if applicable, the denial must be made a party to the proceeding. (f) By signing an acknowledgment of parentage or denial of parentage, a party to the acknowledgment or denial submits to the personal jurisdiction in this state in a proceeding to challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the state registrar. (g) The party bringing the challenge has the burden of proof. (h) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause. (i) If the court finds by a preponderance of the evidence that the acknowledgment or denial was signed because of fraud, duress or material mistake of fact, the court shall set aside the acknowledgment and, if applicable, the denial unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment or denial would be substantially inequitable. (8) A party to a voluntary acknowledgment of parentage or denial of parentage, or the department if the child named in the acknowledgment and, if applicable, the denial is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for an order for genetic testing in accordance with ORS 25.554 if: (a) The application is made within one year after the acknowledgment or denial becomes effective, as described in ORS 432.098; (b) Genetic testing has not previously been completed; and (c) The administrator is not prohibited under ORS 25.554 (9) from reopening the issue of parentage and ordering genetic testing. (9)(a) A voluntary acknowledgment of parentage is not valid if, before the party signed the acknowledgment: (A) The party signed a consent to the adoption of the child by another individual; (B) The party signed a document relinquishing the child to a child-caring agency as defined in ORS 418.205; (C) The party’s parental rights were terminated by a court; or (D) The party was adjudicated not to be the parent of the child. (b) A voluntary acknowledgment of parentage and, if applicable, denial of parentage is not valid if, at the time the acknowledgment or denial is signed: (A) An individual other than the individual seeking to establish parentage or the individual seeking to deny parentage is the presumed parent of the child; or (B) An individual other than the parent who gave or will give birth to the child or the individual seeking to establish parentage, is the child’s acknowledged parent, adjudicated parent or intended parent, including an intended parent of the child under a surrogacy agreement. (c) Notwithstanding any provision of subsection (1)(a) or (b) of this section or ORS 432.098 to the contrary, an acknowledgment or denial does not establish or disestablish parentage and is void if: (A) The acknowledgment is signed by a party described in paragraph (a) of this subsection; or (B) The acknowledgment or denial is signed under the circumstances described in paragraph (b) of this subsection. (10) An unchallenged acknowledgment of parentage may not be ratified by a court or an administrative agency.