Title 109 · ORS Chapter 109
to 109.203 and the results of the testing disclose:
Citation: ORS 109.181
Section: 109.181
109.181 to 109.203 and the results of the testing disclose:
����� (a) The individual has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and
����� (b) A combined relationship index of at least 100 to 1.
����� (2) An individual presumed to be a genetic parent of the child under this section may challenge the genetic testing results only by other genetic testing satisfying the requirements of ORS 109.181 to 109.203 that:
����� (a) Excludes the individual as a genetic parent of the child; or
����� (b) Identifies another individual as a possible genetic parent of the child other than:
����� (A) The person who gave birth to the child; or
����� (B) The individual identified under subsection (1) of this section.
����� (3) Except as otherwise provided in ORS 109.201, if more than one individual other than the person who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent. [2025 c.592 �45]
����� 109.193 Cost of genetic testing. (1) Payment of the cost of initial genetic testing must be made:
����� (a) By the Child Support Program if child support enforcement services are being provided under ORS 25.080;
����� (b) By the individual or agency that made the request for genetic testing;
����� (c) As agreed by the parties; or
����� (d) As ordered by the court.
����� (2) If the cost of genetic testing is paid by the Child Support Program, the program may seek reimbursement from the person or agency that requested the tests.
����� (3) If the original test result is contested prior to the entry of an order or judgment establishing parentage, the court or the administrator shall order additional testing upon request and advance payment by the party making the request. [2025 c.592 �46]
����� 109.195 Additional genetic testing. The court or the administrator shall order additional genetic testing at the request of an individual who contests the result of the initial testing under ORS 109.191. If initial genetic testing under ORS 109.191 identified an individual as a genetic parent of the child, the court or the administrator may not order additional testing unless the contesting individual pays for the testing in advance. [2025 c.592 �47]
����� 109.197 Genetic testing when specimen not available. (1) The court may order relatives of an alleged genetic parent to submit specimens for testing if:
����� (a) A genetic testing specimen is not available from the alleged genetic parent;
����� (b) The individual seeking genetic testing demonstrates good cause and the court finds that the circumstances are just; and
����� (c) The court finds that the need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
����� (2) The court may order any of the following individuals to submit specimens for genetic testing under this section:
����� (a) A parent of the alleged genetic parent;
����� (b) A sibling of the alleged genetic parent;
����� (c) Another child of the alleged genetic parent and the person who gave birth to the other child; and
����� (d) Another relative of the alleged genetic parent as necessary to complete genetic testing. [2025 c.592 �48]
����� 109.198 Deceased individual. If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual. [2025 c.592 �49]
����� 109.200 [Amended by 1961 c.338 �4; repealed by 1969 c.619 �15]
����� 109.201 Identical siblings. (1) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling.
����� (2) If more than one sibling is identified under ORS 109.191 as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child. [2025 c.592 �50]
����� 109.203 Confidentiality of genetic testing. Release of a report of genetic testing for parentage is subject to the privacy protections under ORS 192.531 to 192.549. [2025 c.592 �51]
����� 109.204 Applicability to criminal actions for nonsupport. ORS 109.181 to 109.203 apply to criminal cases for nonsupport under ORS 163.555 subject to the following limitations and provisions:
����� (1) An order for the tests shall be made only upon application of a party or on the court�s initiative.
����� (2) The compensation of the experts shall be paid by the county in which the proceedings are had under order of court.
����� (3) The court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of ORS 109.191, otherwise the case shall be submitted for determination upon all evidence. [Formerly 109.260]
(Assisted Reproduction)
����� 109.206 Adjudicating parentage of child of assisted reproduction, other than under surrogacy agreement. (1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by:
����� (a) An alleged intended parent;
����� (b) The parent who gave birth to the child; or
����� (c) The child�s presumed parent.
����� (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the child�s presumed parent may be challenged under this section:
����� (a) By the parent who gave birth to the child and the child�s presumed parent;
����� (b) If the parent who gave birth to the child and the child�s presumed parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the child�s presumed parent both consent to the challenge; or
����� (c) If the parent who gave birth to the child and the child�s presumed parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section.
����� (3)(a) The court shall adjudicate an individual�s parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218.
����� (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individual�s parentage of the child under ORS 109.151.
����� (4) Nothing in this section prohibits an individual from asserting a claim to or commencing an action to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067,