Oregon Statutes 432.098 – Voluntary acknowledgment of paternity form; rules; filing; when form is sworn document; copy to child support agency
(1) The Director of the Oregon Health Authority shall adopt by rule a form of a voluntary acknowledgment of paternity that includes the minimum requirements specified by the United States Secretary of Health and Human Services. When the form is signed by both biological parents and witnessed by a third party, the form establishes parentage for all purposes when filed with the State Registrar of the Center for Health Statistics, provided there is no second parent already named in the report of live birth. Establishment of parentage under this section is subject to the provisions and the requirements in ORS § 109.070. When there is no second parent named on the child’s record of live birth, the filing of such voluntary acknowledgment of paternity form shall cause the state registrar to place the name of the parent who has signed the voluntary acknowledgment of paternity form on the record of live birth of the child or, if appropriate, establish a replacement for the record containing the name of the child’s parent, as that parent is named in the voluntary acknowledgment of paternity form. When signed by both parents in the health care facility of the child’s birth within five days after the birth, the voluntary acknowledgment of paternity form is not a sworn document. When thus signed, a staff member of the health care facility shall witness the signatures of the parents. In all other circumstances, the form is a sworn document. The filing of the voluntary acknowledgment of paternity form created by this section is subject to the payment of any fees that may apply.
Terms Used In Oregon Statutes 432.098
- Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
- Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
- Report: means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. See Oregon Statutes 432.005
- State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) The voluntary acknowledgment of paternity form must contain:
(a) A statement of rights and responsibilities including any rights afforded to a minor parent;
(b) A statement of the alternatives to and consequences of signing the acknowledgment;
(c) Instructions on how to file the form with the state registrar and information about any fee required;
(d) Lines for the Social Security numbers and addresses of the parents; and
(e) A statement that the rights, responsibilities, alternatives and consequences listed on the acknowledgment were read to the parties prior to signing the acknowledgment.
(3) Upon request, the state registrar shall provide a copy of any voluntary acknowledgment of paternity form to the state agency responsible for administration of the child support enforcement program created under Title IV-D of the Social Security Act. The duty imposed upon the state registrar by this section is limited to records of live birth executed and filed with the state registrar after October 1, 1995. [Formerly 432.287; 2017 c.651 § 46]