Okla. Admin. Code § 340:75-6-31.5

Current through Vol. 41, No. 19, June 17, 2024

Section 340:75-6-31.5 - Establishing paternity for the child in Oklahoma Department of Human Services (OKDHS) custody

(a)Paternity establishment for the child in OKDHS custody. When paternity is not legally established for the child in OKDHS custody, OKDHS:

(1) requests the court to establish paternity in the juvenile court action; or

(2) cooperates with Oklahoma Child Support Services (OCSS) to establish paternity per the Uniform Parentage Act.

(3) does not pursue a paternity action or request genetic testing when:

(A) paternity is voluntarily acknowledged in Oklahoma or another state and not rescinded within 60 calendar days, per Sections 7700-301 through 7700-314 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 7700-301 through 7700-314 );

(B) the child has a presumed father and a party initiates a challenge more than two years after the child's birth, per 10 O.S. §§ 7700-204 and 7700-607; or

(C) paternity is established by a district or administrative court order, per 10 O.S. §§ 7700-636.

(b)Acknowledgment of paternity. When no other conclusive presumption or court determination of paternity exists for the child, the mother and father are referred to OCSS and may complete and sign Form 03PA209E, Acknowledgment of Paternity.

(1) OCSS provides Form 03PA209E, for voluntary acknowledgment of paternity, per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 and 1-311.3.

(2) Signed and witnessed forms are filed with Oklahoma State Department of Health, Division of Vital Records.

Okla. Admin. Code § 340:75-6-31.5

Added at 22 Ok Reg 854, eff 5-12-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 25 Ok Reg 1953, eff 7-1-08; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 30 Ok Reg 389, eff 7-1-13