419B.806. ����� (2) A judicial proceeding to adjudicate the parentage of a child shall be commenced and tried, without a jury, in the county: ����� (a) Where the child resides; ����� (b) If the chi

419B.806.

����� (2) A judicial proceeding to adjudicate the parentage of a child shall be commenced and tried, without a jury, in the county:

����� (a) Where the child resides;

����� (b) If the child does not reside in this state, where the respondent resides or is located;

����� (c) If the parent who gave birth to the child or the child�s alleged genetic parent, acknowledged parent, presumed parent or intended parent is deceased, where the estate of the deceased individual is being administered;

����� (d) If the child was conceived by assisted reproduction, including under a surrogacy agreement, of the petitioner�s choice; or

����� (e) If the child is in the care and custody of the Department of Human Services, where a juvenile court proceeding is pending.

����� (3) If judicial proceedings in which the parentage of the same child is at issue are commenced in more than one county, the proceedings shall be stayed except in the county where first commenced until final determination there of venue. A proceeding is considered commenced for purposes of this subsection by the filing of a petition. In determining venue, if the court finds that transfer to another county where a proceeding has been commenced is in the child�s best interest, it may in its discretion order such transfer. When the court enters an order transferring the proceeding to another county, the clerk of the court shall notify the court for the other county of the order, and the court for the other county has exclusive jurisdiction of the proceeding to the same extent and with like effect as though the proceeding were in the court on original jurisdiction. [1969 c.619 ��2,3,7; 1971 c.191 �2; 1979 c.246 �6; 1981 s.s. c.3 �104; 1983 c.762 �3; 1999 c.80 �22; 2013 c.1 �5; 2013 c.126 �3; 2025 c.592 �31]

����� 109.140 [Amended by 1959 c.638 �10; repealed by 1969 c.619 �15]

����� 109.145 Court may proceed despite failure to appear; evidence required. If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the court may adjudicate the respondent�s parentage or nonparentage of the child and may impose such obligations on the respondent as it deems reasonable. In all such cases corroborating evidence in addition to the testimony of the parent or expectant parent shall be required to establish parentage and the court may, in its discretion, order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief. The testimony of the parent or expectant parent and the corroborating evidence may be presented by affidavit. [1969 c.619 �4; 1975 c.640 �14; 1983 c.762 �4; 2017 c.651 �23; 2025 c.592 �32]

����� 109.148 Parentage of child conceived by rape. (1) As used in this section, �rape� means the commission of an act constituting rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction.

����� (2) A court with jurisdiction to adjudicate a child�s parentage may adjudicate an individual�s nonparentage of the child as provided in this section if:

����� (a) The parent who gave birth to the child petitions the court for an adjudication of nonparentage;

����� (b) The parent who gave birth to the child alleges that the child was conceived in the course of an act committed by the individual constituting rape; and

����� (c)(A) The court finds that the child was conceived as a result of an act that led to the individual�s conviction for rape; or

����� (B) If the individual has not been convicted for rape, the court determines by clear and convincing evidence that the child was conceived as a result of an act constituting rape that was committed by the individual when the individual was at least 18 years of age.

����� (3) The court may not adjudicate an individual�s nonparentage of a child under this section if:

����� (a) The court determines by clear and convincing evidence that the individual is less than three years older than the parent who gave birth to the child and the child was conceived as a result of an act constituting third degree rape as defined in ORS 163.355 or second degree rape as defined in ORS 163.365, or comparable law of another jurisdiction;

����� (b) The individual is an adjudicated parent of the child; or

����� (c) The court finds, by clear and convincing evidence, that after the birth of the child, the individual established a bonded and dependent relationship with the child that is parental in nature.

����� (4) If the court adjudicates an individual�s nonparentage of a child under this section, the court shall:

����� (a) Require the State Registrar for the Center for Health Statistics to amend the record of live birth if requested by the parent who gave birth to the child and if the court determines that the amendment is in the child�s best interests, taking into consideration the factors described in ORS 109.151; and

����� (b) Require the individual to pay child support during the child�s minority and while the child is a child attending school the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care and expenses attendant with the birth and postnatal care unless, at the request of the parent who gave birth to the child, the court determines that requiring the individual to pay such amounts is not in the child�s best interests, taking into consideration the factors described in ORS 109.151. [2025 c.592 �28]

����� Note: 109.148 was added to and made a part of 109.124 to 109.171 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 109.150 [Amended by 1961 c.338 �2; 1967 c.534 �16; repealed by 1969 c.619 �15]

����� 109.151 Adjudicating competing claims of parentage. (1) Except as otherwise provided in ORS 109.148, in a proceeding to adjudicate competing claims of, or challenges under ORS 109.067 (3), 109.070 or 109.072 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, taking into consideration, at a minimum:

����� (a) The age of the child;

����� (b) The length of time during which each individual assumed the role of parent of the child;

����� (c) The nature of the relationship between the child and each individual;

����� (d) The harm to the child if the relationship between the child and each individual is not recognized;

����� (e) The basis for each individual�s claim to parentage of the child; and

����� (f) Other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child.

����� (2) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (1) of this section, the court shall consider:

����� (a) The facts surrounding the discovery the individual might not be a genetic parent of the child; and

����� (b) The length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding. [2025 c.592 �54]

����� Note: 109.151 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 109.153 [1973 c.827 �12g; 1981 c.669 �3; repealed by 1983 c.762 �10]

����� 109.154 Temporary child support pending determination of parentage. (1) Notwithstanding the objections of a party to an order that seeks to establish parentage, parentage of a child may be presumed for the purpose of establishing temporary child support if the person whose parentage is being established is:

����� (a) A presumed parent;

����� (b) Petitioning to be adjudicated a parent;

����� (c) Identified as a genetic parent under ORS 109.191;

����� (d) An alleged genetic parent who has declined to submit to genetic testing;

����� (e) Shown by clear and convincing evidence to be a parent of the child; or

����� (f) An intended parent of the child and the child was conceived by assisted reproduction, including under a surrogacy agreement.

����� (2) Upon the motion of a party, the court shall enter a temporary order requiring the person whose parentage is being established to provide support pending the determination of parentage by the court.

����� (3) In determining the amount of support, the court shall use the formula established under ORS 25.275. [Formerly 109.259]

����� Note: 109.154 was added to and made a part of ORS chapter 109 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 109.155 Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing. (1) The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in addition to the testimony of the parent who gave birth to the child, shall be required.

����� (2) The court, in its discretion, may postpone the hearing from time to time to facilitate any investigation or the production of such evidence as it deems appropriate.

����� (3)(a) Except as provided in ORS 109.148 and 419B.609, if the parent who gave birth to the child is the only other person with a claim to parentage of the child, the court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:

����� (A) Is identified under ORS 109.191 as a genetic parent of the child and the identification has not been successfully challenged under ORS 109.191;

����� (B) Admits parentage in a pleading, during the hearing as provided in subsection (1) of this section, when making an appearance or in a settlement agreement in the proceeding, and the court accepts the admission;

����� (C) Declines to submit to genetic testing ordered by the court or the administrator, even if the alleged genetic parent denies a genetic relationship with the child;

����� (D) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child as provided in ORS 109.145; or

����� (E) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

����� (b) If a person other than the parent who gave birth to the child or the alleged genetic parent has a claim to parentage of the child and the person�s parentage was not disestablished before the proceeding was commenced, the court may not adjudicate an alleged genetic parent to be a parent of the child unless the court also disestablishes the person�s parentage of the child as provided in and under the applicable provisions of ORS 109.067, 109.070, 109.072, 109.151,