Section 109.070 - Presumption of parentage; establishing paternity by voluntary acknowledgment(1) The parentage of a person is rebuttably presumed if:(a) The person is married to the birth mother at the time of the child's birth, without a judgment of separation, regardless of whether the marriage is void.(b) The person is married to the birth mother and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation.(2) The parentage of a child established under subsection (1)(a) or (4)(a) of this section may be challenged in an action or proceeding by either spouse. The parentage may not be challenged by a person other than a spouse as long as the spouses are married and are cohabiting, unless both spouses consent to the challenge.(3) If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption of parentage in subsection (1) of this section.(4) The paternity of a person may be established by a voluntary acknowledgment as follows: (a) By the marriage of the parents of a child after the birth of the child, and the parents filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided by ORS 432.098.(b) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided under ORS 432.098. Except as otherwise provided in subsections (5) and (8) of this section, a filing under this paragraph establishes paternity for all purposes.(c) By establishment of paternity through a voluntary acknowledgment of paternity in another state.(5)(a) A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of: (A) Sixty days after filing the acknowledgment; or(B) The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. For the purposes of this subparagraph, the date of a proceeding is the date on which an order is entered in the proceeding.(b) To rescind the acknowledgment, the party shall sign and file with the State Registrar of the Center for Health Statistics a written document declaring the rescission.(6)(a) A signed voluntary acknowledgment of paternity filed in this state may be challenged and set aside in circuit court at any time after the 60-day period referred to in subsection (5) of this section on the basis of fraud, duress or a material mistake of fact.(b) The challenge may be brought by:(A) A party to the acknowledgment;(B) The child named in the acknowledgment; or(C) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment was signed because of fraud, duress or a material mistake of fact.(c) The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure.(d) The party bringing the challenge has the burden of proof.(e) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause.(f) If the court finds by a preponderance of the evidence that the acknowledgment was signed because of fraud, duress or material mistake of fact, the court shall set aside the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable.(7) Within one year after a voluntary acknowledgment of paternity form is filed in this state and if blood tests, as defined in ORS 109.251, have not been completed, a party to the acknowledgment, or the department if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for an order for blood tests in accordance with ORS 25.554.(8)(a) A voluntary acknowledgment of paternity is not valid if, before the party signed the acknowledgment: (A) The party signed a consent to the adoption of the child by another individual;(B) The party signed a document relinquishing the child to a child-caring agency as defined in ORS 418.205;(C) The party's parental rights were terminated by a court; or(D) In an adjudication, the party was determined not to be the biological parent of the child.(b) Notwithstanding any provision of subsection (4)(a) or (b) of this section or ORS 432.098 to the contrary, an acknowledgment signed by a party described in this subsection and filed with the State Registrar of the Center for Health Statistics does not establish paternity and is void.Amended by 2017 Ch. 651, § 3, eff. 1/1/2018.Amended by 2016 Ch. 106, § 42, eff. 4/4/2016, op. 7/1/2016.1957 c.411 §2; 1969 c.619 §11; 1971 c.127 §2; 1975 c.640 §3; 1983 c.709 §37; 1995 c.79 §37; 1995 c.514 §7; 1999 c.80 §20; 2001 c.455 §17; 2003 c. 576, § 136; 2005 c. 160, §§ 11, 17; 2007 c. 454, § 1