Title 109 · ORS Chapter 109

(2), if the child was conceived by assisted reproduction, other than

Citation: ORS 109.213

Section: 109.213

109.213 (2), if the child was conceived by assisted reproduction, other than under a surrogacy agreement.

����� (4) Except as provided in ORS 109.148 or 109.213, if the parent who gave birth to a child is the only other person with a claim to parentage of the child in a proceeding to adjudicate a presumed parent�s parentage of the child, the court shall:

����� (a) Adjudicate the presumed parent to be a parent of the child if:

����� (A) No party to the proceeding challenges the presumed parent�s parentage of the child; or

����� (B) The presumed parent is identified under ORS 109.191 as a genetic parent of the child and that identification is not successfully challenged under ORS 109.191; or

����� (b) Adjudicate the parentage of the child in the best interests of the child based on the factors under ORS 109.151 if:

����� (A) The presumed parent is not identified under ORS 109.191 as a genetic parent of the child and the presumed parent or the parent who gave birth to the child challenges the presumed parent�s parentage of the child; or

����� (B) If another person, other than the presumed parent or the parent who gave birth to the child, asserts a claim to parentage of the child.

����� (5) The court may enter a judgment under this section before the child�s birth but shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child�s birth.

����� 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