Current through Register Vol. 61, No. 4, April 1, 2022
(1) In any action to establish paternity
initiated under ORS 25.501 to 25.556, when the mother of the child for whom
paternity is being established states that the father of the child could be
more than one man, the administrator may initiate action against those men who
are named by the mother as possible fathers as provided in this rule.
mother is able to name one of the possible fathers as the most likely father
based upon the date of conception, the physical characteristics the child
shares with that man, or other factors, the administrator may initiate action
against that man only.
(b) If the
administrator is unable to locate the man identified by mother as the most
likely father, the administrator will not proceed with establishment of
paternity until the man is located.
(3) If mother cannot identify one of the men
who may be the father as the most likely father, the administrator may gather
additional information, including information from the mother and from any
physician or other licensed health care provider of obstetrical care to mother,
which may assist the mother in identifying the most likely father.
(4) If mother remains unable to identify one
of the possible fathers as the most likely father, the administrator may
initiate legal action against any one or more possible fathers, as named by the
mother, upon whom the administrator can apparently effect personal service
based on the information it has available.
(5) The administrator will provide notice to
any possible father described in this rule and served in an action to establish
paternity that the mother of the child for whom the administrator seeks to
establish paternity has named another man or men as a possible father unless
that other man (or men) has been excluded by parentage tests.
The administrator will enter no order
establishing paternity with respect to a man who has not been named by mother
as the most likely father unless the provisions of either subsection (a) or (b)
of this section apply.
(a) The man has been
subjected to parentage tests which have not excluded him as a possible father
of the child in question; or,
All other men named by mother as possible fathers have been excluded as
possible fathers by parentage tests.
(7) Notwithstanding any other provision of
this rule, its requirements do not apply when one of the possible fathers is
entitled to reasonable notice under ORS
Or. Admin. R.
AFS 7-1998, f. 3-30-98,
cert. ef. 4-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-1040; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03,
Renumbered from 461-200-3060; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03,
Renumbered from 461-200-3060; DOJ 12-2004, f. & cert. ef. 10-1-04; DOJ
2-2006(Temp), f. & cert. ef. 1-3-06 thru 6-30-06; DOJ 5-2006, f. 6-29-06,
cert. ef. 7-3-06; DOJ 1-2008(Temp), f. & cert. ef. 1-2-08 thru 3-31-08; DOJ
6-2008, f. & cert. ef. 4-1-08;
14-2020, minor correction filed 02/05/2020, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS 25.501 to