Or. Admin. Code § 137-055-3100 - Order Establishing Paternity When Genetic Testing Is Not Completed

(1) In an action to establish paternity initiated pursuant to ORS 25.511, the Oregon Child Support Program may serve simultaneously the Notice and Finding of Financial Responsibility, a proposed Order Establishing Paternity, and an administrative order for genetic tests.

(2) An administrative order for genetic tests may require a party's request for testing, or it may require testing regardless of a request from a party. When testing is required, an order establishing paternity will not be entered unless genetic testing is completed.

(3) The administrator may enter an order establishing paternity when genetic testing was not completed if:

(a) All parties were served with a Notice and Finding of Financial Responsibility, a proposed Order Establishing Paternity, and an order for genetic tests;

(b) The mother of the child named the alleged father as a most likely possible father; and

(c) The alleged father requested genetic testing and subsequently failed to appear for the testing; or

(d) No party requested genetic testing in the time allowed.

(4) The provisions of this rule apply to the additional genetic tests described in OAR 137-055-3020 (11) to (14) when the party requesting the tests fails to comply with an order for additional genetic testing.

Notes

Or. Admin. Code § 137-055-3100

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 461-195-1030; SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3100; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3100; 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; DOJ 3-2009, f. & cert. ef. 4-1-09; DOJ 7-2018, amend filed 05/30/2018, effective 6/1/2018; DOJ 15-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 2-2025, amend filed 02/24/2025, effective 2/28/2025

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 25.550, 109.070 & 109.252