Oregon Family Law on Paternity
Paternity laws vary across the United States. Both parents of a child in Oregon should learn about Oregon's paternity laws and understand the consequences for child custody, visitation and support in their state. Parents may wish to consult with an Oregon family law attorney.
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Definition of Paternity
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Paternity is legal fatherhood of a child, stated on the child's birth certificate or established by a state court or agency. Paternity means that the father takes on parental rights and responsibilities, whether he wants to have them or not.
Married Parents
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For married couples, the husband is automatically the legal father if they conceived the child while living together during their marriage and the husband is not impotent or sterile. If the married couple was living apart at the time, the husband still has presumed parental rights unless the mother, husband or natural father can prove to a court that someone else is the child's father.
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Unmarried Parents--Voluntary Paternity
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Unmarried parents can establish the child's paternity by signing a Voluntary Acknowledgment of Paternity form at the hospital when the child is born and including the father's name on the child's birth certificate. Any time after the birth record filing, unmarried parents can still sign a notarized Voluntary Acknowledgment of Paternity affidavit and get a new birth certificate with the father's name.
Unmarried Parents--Involuntary Paternity
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If either unmarried parent refuses to sign the form establishing the child's paternity, the other parent can ask for help from various Oregon government agencies, including the Division of Child Support, the Department of Human Services, the Oregon Youth Authority or the local county District Attorney. Either parent can also ask for a court order identifying the child's father--this may require a genetic test.
Child Support
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A significant consequence of establishing paternity is the child's right to support from both parents. The state cannot order someone to pay child support unless he is the legal father.
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References
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