71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 373
 
                         Senate Bill 152
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senator Bill Fisher for
  Frank Magallanes)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits awarding custody of child or parenting time with
child to parent when child conceived by rape of other parent.
 
                        A BILL FOR AN ACT
Relating to rights of parent to child conceived by rape of other
  parent; amending ORS 109.094.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 109.094 is amended to read:
  109.094. Upon the paternity of a child being established in the
proceedings  { - , - }  { + :
  (1) + } The father shall have the same rights as a father who
is or was married to the mother of the child. The clerk of the
court shall certify the fact of paternity to the Center for
Health Statistics of the Health Division of the Department of
Human Services, and the Center for Health Statistics shall
prepare a new birth certificate for the child.
   { +  (2) Notwithstanding subsection (1) of this section, when
the child is conceived by the rape of one parent by the other
parent, it is not in the best interests and welfare of the child
to be in the custody of the parent who committed the rape or to
have parenting time with the parent who committed the rape. A
court may not award custody of the child or parenting time with
the child to the parent who committed the rape. + }
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