Section 238.6B - Notice of paternity and support obligations - Contents - Voluntary acknowledgments - Entry of father's name on child's birth certificate - Genetic testing - Change of child's surnameA. The Department of Human Services may serve a notice of paternity and support obligations on an individual alleged to be the parent of a child for whom paternity has not been judicially or administratively established. Venue for such action shall be, at the option of the Department, in the county where the mother, father or child resides. Service of the notice shall be in the same manner as a summons in a civil action pursuant to Section 2004 of Title 12 of the Oklahoma Statutes. Both the mother of a child born out of wedlock and an individual who has been legally determined to be the father of a child by acknowledgement or by judicial or administrative order are each liable for the support and education of the child.B. The notice shall be verified and have attached to it a copy of any acknowledgment of paternity and shall state:1. The name and date of birth of any minor children, along with the name of the natural mother and custodian, if different than the mother or alleged father;2. The amount of child support and other support, including the amounts ordered pursuant to paragraph 3 of this subsection, to be ordered in accordance with the Child Support Guidelines provided in Section 118 of Title 43 of the Oklahoma Statutes;3. The amount of reimbursement for the costs of the birth and the reasonable expenses of providing for said child which has accrued or is accruing, provided that the liability for the above costs shall be imposed for two (2) years preceding the issuance of the notice pursuant to Section 83 of Title 10 of the Oklahoma Statutes. The mother shall be liable for the reasonable expenses of providing for the child to the same extent as the father and subject to the same limitation of liability for any time she does not have custody of the child prior to the establishment of paternity or an order for support;4. That either or both parents shall be required to provide medical support for the child, which may include health insurance, cash medical support, or a combination of both, and pay a proportionate share of medical expenses not reimbursed by insurance;5. The amount of reimbursement requested for the costs of the genetic test to determine paternity, if any;6. That an immediate income assignment will be effectuated for payment of current support and any judgments entered;7. That in the absence of a legally established father pursuant to the Uniform Parentage Act, a notice to appear and show cause shall be issued to the alleged father which directs the alleged father to appear and show cause why the administrative judge should not determine him to be the father of any such children, liable for the support requested in the notice, for the costs accrued and accruing or the amount to be paid thereon;8. That if paternity is disputed and there is no legally established father pursuant to the Uniform Parentage Act, the Administrative Law Judge shall enter an order directing genetic tests to determine paternity and advise the alleged father that if he fails to appear he will be in default and an order will be entered against him. If the putative father is not excluded, and the statistical probability of paternity according to scientifically reliable genetic tests including, but not limited to, blood tests is at least ninety-nine percent (99%) and he is contesting the issue of paternity, he may request the Department to remove the action to district court to determine paternity. If the statistical probability of paternity is ninety-nine percent (99%), and the father does not request the Department to remove to district court within fourteen (14) days of the Department mailing the genetic test or other test results, determination of paternity shall become final for all intents and purposes and may be overturned only by appeal to district court. Any such request shall be in writing and served on the Department personally or by registered or certified mail;9. That if the alleged father fails to appear at the genetic testing, show cause, or any subsequent hearing or if no notice to appear for genetic testing was served and no hearing is requested on or before twenty (20) days from the date of service, the finding of paternity shall become final and a support order entered. The order shall be docketed with the district court in the county of residence of the custodian or the child. If neither the custodian nor the child reside in the state, the order shall be docketed in the county of residence of the noncustodial parent. The support order shall be enforced in the same manner as an order of the district court;10. That at any time after paternity is determined, the Department may set a hearing to determine the child support obligation, if child support has not already been established. Failure to appear at the hearing will result in a support order being entered against the noncustodial parent; and11. That if the mother and father have voluntarily signed an acknowledgment of paternity pursuant to the Uniform Parentage Act, the duly executed acknowledgment of paternity is considered a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:b. the date of an administrative or judicial proceeding relating to the child, including but not limited to a proceeding to establish a support order, in which the signatory is a party. After the sixty-day period referred to in subparagraph a of this paragraph, a duly executed acknowledgment of paternity may be challenged in court only in accordance with the Uniform Parentage Act. The legal responsibilities, including but not limited to child support obligations, of any signatory arising from the acknowledgment may not be suspended during the challenge, except for good cause shown.
This paragraph shall not be interpreted to authorize the rescission of an acknowledgement of paternity if such rescission would be prohibited under applicable federal law.
C. The Department may accept voluntary acknowledgments of support liability and support amounts.D. If the name of the father has not been entered on the child's birth certificate, the Department of Human Services shall notify the State Department of Health, Division of Vital Records who shall enter the name of the father, and if known, the date of birth and the place of birth of the father, on the birth certificate.E. If child support services are being provided pursuant to Section 237 of this title, prior to the issuance of the notice of paternity and support obligation, a father who denies paternity and is not a legally established father under the Uniform Parentage Act may request that a genetic test be administered. The request for testing shall be in writing and served on the Department personally or by registered or certified mail.F. If a request for testing is made pursuant to subsection B or E of this section, the Department shall arrange for the test and, pursuant to rules promulgated by the Department, may advance the cost of the testing. The Department shall mail a copy of the test results by a certificate of mailing to the last-known address of the father. If a request for genetic tests was made pursuant to subsection E of this section, the Department shall mail the notice of paternity and support obligations to the father by certificate of mailing to the last-known address of the father.G. If genetic testing pursuant to subsection B or E of this section excludes a person from being the biological father of the child, the Department shall dismiss any pending court or administrative collection proceedings against the person. The State Department of Health, Division of Vital Records shall remove the name of the person listed as the father from the birth certificate, upon notice from the Department that the person has been excluded by genetic testing. Once paternity is established, the State Department of Health, Division of Vital Records shall correct its records and amend the birth certificate to reflect the name of the father.H. If both the custodian mother and the father agree to change the surname of the child to that of the father, the administrative law judge may order the name changed. Upon receipt of an order changing the child's surname, the State Department of Health, Division of Vital Records shall correct its records and amend the birth certificate to reflect the name change.I. All docketed administrative orders shall be modified and enforced in the same manner as an order of the district court.J. The lump-sum judgment established for support owed prior to the establishment of the current support order shall draw interest pursuant to Section 114 of Title 43 of the Oklahoma Statutes.Okla. Stat. tit. 56, § 238.6B
Amended by Laws 2014 , c. 171, s. 3, eff. 11/1/2014.Added by Laws 1994, HB 1492, c. 356, § 6, eff. 9/1/1994; Amended by Laws 1997, SB 706, c. 402, § 21, emerg. eff. 7/1/1997; Amended by Laws 1999 , HB 1280, c. 396, § 22, emerg. eff. 6/10/1999; Amended by Laws 2006 , HB 2967, c. 116, § 59, eff. 11/1/2006; Amended by Laws 2007 , SB 945, c. 140, § 4, eff. 11/1/2007; Amended by Laws 2012 , SB 1199, c. 253, § 5, eff. 11/1/2012.