-
(1)
for paternity decided before 11/1/06:
-
(a)
the child is born within 10 months after the termination of a marriage between the
mother and the alleged father; or
-
(b)
effective 09/01/94, the child is born within ten months of the termination of cohabitation
of the mother and the alleged father; or
-
(c)
effective 09/01/94, while the child is under 18, the alleged father receives the child
into his home and openly holds out the child as his natural child for a period of
at least two years; or
-
(d)
effective 09/01/94, the DHS made or accepted a determination that the alleged father
was the father of the child at the time of the child's entry into the U.S. and the
alleged father had the opportunity at the time of the child's entry into the U.S.
to admit or deny the paternal relationship; or
-
(e)
effective 09/01/94, scientifically reliable genetic tests, including but not limited
to blood tests, establishes a 98% or greater probability of paternity. This creates
a conclusive presumption of paternity that may not be rebutted. Reliable genetic testing
that establishes a probability of paternity at or above 95% but below 98% creates
a rebuttable presumption of paternity.
-
(2)
for paternity determinations pending on and after 11/1/06:
-
(a)
he and the child's biological mother are or have been married to each other and the
child is born during the marriage or not more than 300 days after the date the marriage
terminated by death, annulment, having been declared void, divorce, or after decree
of separation; or
-
(b)
before the child's birth, he and the child's biological mother attempted to marry
each other in apparent compliance with the law, although the attempted marriage is
or could be declared void, and the child is born during the attempted marriage or
not more than 300 days after the date the attempted marriage terminated by death,
annulment, having been declared void, decree of separation, or divorce; or
-
(c)
he married the mother of the child after the birth of the child in apparent compliance
with the law, regardless of whether the marriage is or could be declared invalid,
and he voluntarily asserted his paternity of the child, and:
-
(1)
the assertion is in a record filed with the Oklahoma State Department of Health, division
of Vital Records, or the Oklahoma Department of Human Services;
-
(2)
he agreed to be and is named as the child’s father on the child’s birth certificate;
or
-
(3)
he promised in a record to support the child as his own; or
-
(d)
during the first two years of the child’s life, he continuously resided in the household
in which the child resided and he represented to others that the child was his own.
NOTE: Effective 11/1/06, a presumption of paternity may be rebutted only by court adjudication
or the filing of a valid denial of paternity by a presumed father in conjunction with
the filing by another person of a valid acknowledgement of paternity.