Paternity

Paternity can be established in one of three ways in Oregon.

  1. By the birth of a child to a married woman.
  2. By the signing and filing of an acknowledgment of paternity.
  3. By an administrative order or court judgment.

If paternity is established by the child being born to a married woman, the mother’s husband is legally presumed to be the father of the child. The parties to the marriage may challenge paternity, but no other party may challenge paternity so long as the marriage remains in tact, unless the husband and wife consent to the challenge.

A voluntary acknowledgement may generally be withdrawn for any reason within 60 days after signing, and may be challenged at any time thereafter on the basis of fraud, duress or a material mistake in fact.

An administrative order or court judgment which establishes paternity may be challenged on the basis of mistake, inadvertence, surprise or excusable neglect within one year of entry. An administrative order or court judgment which establishes paternity may be challenged on the basis of fraud, misrepresentation or other misconduct of an adverse party within one year after petitioner discovery the fraud, misrepresentation or other misconduct. See ORS 109.070 and 109.072.

For more information, contact us at 503-585-0157 or sbaldwin@oneillbaldwin.com. We offer *FREE one-half hour consultations, and would be happy to discuss your case and answer your initial questions.

NOTICE: The above summary is meant for informational purposes and is not intended to be legal advice. It is meant merely as a broad overview of the rules applicable to the majority of cases, and does not diminish the need to consult with a professional regarding your specific circumstances.