Or. Admin. R. 333-011-0270

Current through Register Vol. 63, No. 9, September 1, 2024

Section 333-011-0270 - Voluntary Acknowledgment of Paternity

(1) Any voluntary acknowledgment paternity form establishes paternity, and the establishment of paternity shall be a rebuttable presumption. Forms must contain all information necessary to comply with existing federal and state laws and regulations for determination and recording of paternity including but not limited to:

(a) The current full names of mother, father and child;

(b) The social security numbers of mother and father if available;

(c) The dates of birth for mother, father and child;

(d) The address(es) of the mother and of the father;

(e) The birthplace of the child;

(f) A brief explanation of the legal significance of signing a voluntary paternity affidavit and a statement that both parents have 60 days to rescind the paternity acknowledgment affidavit;

(g) A statement signed by both parents indicating they understand that signing the paternity acknowledgment is voluntary and that they understand the rights, responsibilities, alternatives to signing, and consequences of signing;

(h) Signature lines for the mother and the father; and

(i) Signature lines for witnesses or notaries.

(2) The witnessed voluntary acknowledgment of paternity form is established for completion in a health care facility where births occur. This form can be used by unwed biological parents if:

(a) The mother was not married at conception, at birth, or within 300 days prior to the birth;

(b) The form is completed:

(A) After the birth; and

(B) While the mother is admitted for this birth; and

(c) The form is witnessed by a member of the hospital staff; and

(d) The form is submitted to the Center for Health Statistics within five days after the birth.

(e) This form will not be accepted and the father's information will not be placed on this record of live birth if any of these conditions are not met.

(3) Completion of a voluntary acknowledgment of paternity form and returning the form to the hospital staff for submission is the responsibility of the biological parents.

(4) The notarized voluntary acknowledgment of paternity form can be used by unwed biological parents if:

(a) The mother was not married at conception, at birth, or within 300 days prior to the birth;

(b) The form is completed after the birth; and

(c) Signatures of each biological parent are notarized.

(d) This form will not be accepted and the father's information will not be placed on this record of live birth if any of these conditions are not met.

(5) The State Registrar of the Center for Health Statistics shall consult the Division of Child Support on the language in the rights and responsibility statement for voluntary acknowledgment of paternity forms to ensure compliance with state and federal law and regulations.

(6) All questions regarding acceptability of a completed form are determined by the State Registrar for the Center for Health Statistics. Appeals of decisions of determination of the state registrar will be made under ORS 183.484.

Or. Admin. R. 333-011-0270

PH 17-2013, f. 12-26-13, cert. ef. 1-1-14

Stat. Auth: ORS 432.098

Stats. Implemented: ORS 432.098