TN 27 (12-00)

GN 00306.605 Oregon Intestacy Laws

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 RCC per GN 01010.815 ff. in the absence of a legal precedent opinion.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306605
GN 00306.605 - Oregon Intestacy Laws - 03/09/2006
Batch run: 01/27/2009
Rev:03/09/2006