Presumption of parentage
- establishing paternity by voluntary acknowledgment
Source:
Section 109.070 — Presumption of parentage; establishing paternity by voluntary acknowledgment, https://www.oregonlegislature.gov/bills_laws/ors/ors109.html
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Notes of Decisions
A mother of a child who was married at the time of its birth, but who contends that the biological father of the child was a man other than her husband, may not bring an action under this section to establish paternity. Fox v. Hohenshelt, 275 Or 91, 549 P2d 1117 (1976)
In hearing on motion to terminate visitation rights, where wife testified husband was not child’s biological father, testimony could not be received for purpose of establishing paternity but was properly considered on issue of husband’s attitude toward child. Anderson and Anderson, 41 Or App 679, 598 P2d 1258 (1979), Sup Ct review denied
Although child’s paternity has not been established under ORS chapter 109, Workers’ Compensation Board may determine child’s paternity for purpose of determining mother and child’s rights to benefits. Amos v. SAIF, 72 Or App 145, 694 P2d 998 (1985)
Where mother and husband were divorced by time child was born, born-in-wedlock presumptions cannot apply. Dept. of Human Resources v. Mock, 83 Or App 1, 730 P2d 553 (1986), Sup Ct review denied
Where wife and husband dispute issue of cohabitation at conception, burden of proof is on party alleging cohabitation. Hodge and Hodge, 301 Or 433, 722 P2d 1235 (1986)
Person conclusively presumed to be legal father under pre-2005 version of statute without performance of blood test may petition court to reopen issue of paternity. State ex rel Juvenile Department v. G.W., 217 Or App 513, 177 P3d 24 (2008)
For presumption of parentage to apply, person must be biological parent. Shineovich and Kemp, 229 Or App 670, 214 P3d 29 (2009), Sup Ct review denied
Attorney General Opinions
Agreement in surrogacy contract to acknowledge paternity of or adopt yet-unconceived child not judicially enforceable, (1989) Vol 46, p 221
Law Review Citations
44 WLR 297 (2007)