TN 115 (12-23)
The paternity of a child may be established as follows for all purposes, including
intestate succession:
-
1.
The child of a wife cohabitating with her husband who was not impotent or sterile
at the time of the conception of the child shall be conclusively presumed to be the
child of her husband, whether or not the marriage of the husband and wife may be void.
-
2.
A child born in wedlock, there being no decree of separation from bed or board, shall
be presumed to be the child of the mother's husband, whether or not the marriage of
the husband and wife may be void. This shall be a disputable presumption.
-
3.
By the marriage of the parents of a child after birth of the child.
-
4.
By filiation proceedings. The standard of proof in filiation proceedings is by a preponderance
of the evidence. For claims filed on or after 11/27/98, or pending on that date, a
court determination is not required; an SSA adjudicator may make the paternity determination
using the same standard of proof.
-
5.
By having established paternity through a voluntary acknowledgment of paternity process
in another State.
-
6.
Prior to 10/01/95, by joint declaration of paternity filed with the Vital Statistics
Unit of the Health Division of the Department of Human Resources in the form approved
by State Registrar and with the fee prescribed in ORS 432.145. Effective 10/01/95
through 10/03/97, by filing with the State Registrar of Vital Statistics the voluntary
acknowledgment of paternity form*. Effective 10/04/97 through 12/31/2001, the form shall be filed with the State Registrar
of the Center for Health Statistics*.
*Effective 10/01/95 through 08/03/97, when the form is signed by both biological parents
and witnessed by a third party, the form establishes paternity for all purposes as
a rebuttable presumption provided there is no male parent already named on the birth
certificate. Effective 08/04/97 through 12/31/2001, when the form is signed by both
biological parents and witnessed by a third party, the form establishes paternity
for all purposes provided there is no male parent already named on the birth certificate.
-
7.
By paternity being established or declared by other provision of law.
-
8.
Effective 08/04/97 through 12/31/2001, a disputable presumption of paternity is created
if one or more blood tests result in a cumulative paternity index of 99 or greater.
If a claim involved blood testing and has not been adjudicated by a tribunal, submit
to the Office of the General Counsel (OGC) per GN 01010.815 ff. in the absence of a legal precedent opinion.