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 2476
Senate Bill 886
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES (at the
request of Senator Mae Yih)
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.
Expands duties of health care facilities in establishing
paternity of child born to unmarried mother. Allows Division of
Child Support to initiate proceedings when mother of child
refuses to disclose putative father's identity or putative father
refuses to sign voluntary acknowledgment of paternity form.
Requires health care facility to request putative father to
submit to blood tests to establish paternity.
A BILL FOR AN ACT
Relating to paternity proceedings; creating new provisions;
amending ORS 109.092 and 109.259; and repealing ORS 432.285.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section and section 2 of
this 2001 Act, 'health care facility' has the meaning given that
term in ORS 442.015.
(2) A health care facility shall inquire as to the marital
status of the biological parents of any child born live or
expected to be born within the health care facility.
(3) If the mother of a child born live at a health care
facility is unmarried and the putative father is present at the
health care facility or the health care facility is able to
contact the putative father, the health care facility shall:
(a) Encourage the mother and putative father to sign a
voluntary acknowledgment of paternity form as described in ORS
432.287;
(b) Inform the mother and putative father of the effects of a
refusal to sign a voluntary acknowledgment of paternity form,
including but not limited to:
(A) Their rights in adoption proceedings under ORS 109.092 and
109.326;
(B) The possibility of filiation proceedings by an interested
party as provided under ORS 109.070 and 109.125; and
(C) How a court might determine paternity and past and future
support and maintenance of the child under ORS 109.145, 109.155
and 109.259; and
(c) Encourage the mother and putative father to put the name of
the putative father on the birth certificate.
(4) If the mother and the putative father sign the voluntary
acknowledgment of paternity form and put the putative father's
name on the birth certificate, the health care facility shall
submit the form with the birth certificate to the State Registrar
of the Center for Health Statistics as provided under ORS 432.206
(5).
(5) The health care facility shall also request that the
putative father provide blood, buccal or other biological samples
for blood tests as defined in ORS 109.251. If the putative father
provides a sample for testing, the facility shall transmit the
specimen given by the putative father to an authorized testing
laboratory and shall notify the Division of Child Support of the
Department of Justice that the putative father has consented to
blood tests. The results of the blood test may be used if a party
to the voluntary acknowledgment of paternity rescinds or
challenges the acknowledgment as provided in ORS 109.070. + }
SECTION 2. { + (1) If an unmarried mother of a child born live
at a health care facility refuses to identify the putative father
and the putative father is not present at the facility or the
health care facility is unable to contact the putative father,
the health care facility shall:
(a) Transmit the name of the mother and the child to the
Division of Child Support of the Department of Justice; and
(b) Enter information pertaining to the putative father in the
'Medical and Confidential' section of the birth certificate as
authorized under ORS 432.206 (9).
(2) If, at any time after the birth of the child, an unmarried
mother who has refused to identify the putative father seeks
assistance from any state agency for the benefit of the child,
the state agency may initiate proceedings under ORS 109.125.
(3) If the putative father is present at the health care
facility or is otherwise available but refuses to sign the
voluntary acknowledgment of paternity form or refuses to submit
to a blood test to establish paternity, the health care facility
shall transmit the name of the putative father and any other
necessary information to the division.
(4) Upon receipt of the information in subsection (3) of this
section, the division shall promptly contact the putative father
and request that the putative father sign a voluntary
acknowledgment of paternity form and submit to blood tests as
defined in ORS 109.251 to establish paternity. If the father
refuses to comply with the request of the division, the division
may:
(a) Apply for a court order to compel the putative father to
submit to blood tests; or
(b) Initiate proceedings under ORS 109.125.
(5) If the putative father complies with the request of the
division under subsection (4) of this section, the division may:
(a) Commence filiation proceedings as provided under ORS
109.125; or
(b) Commence proceedings for temporary support as provided
under ORS 109.259. + }
SECTION 3. ORS 109.092 is amended to read:
109.092. { + (1) + } When it is determined that a woman is
pregnant with a child, the woman and any man to whom she is not
married and with whom she engaged in sexual intercourse at
approximately the time of conception have an obligation to
recognize that the man may be the other person responsible for
the conception. During the months of pregnancy, the man may join
the woman in acknowledging paternity and assuming the rights and
duties of expectant parenthood.
{ + (2) + } If the man acknowledges paternity of the expected
child and the woman denies that he is the father or refuses to
join him in acknowledging paternity, the man may seek relief
under ORS 109.125.
{ + (3) + } If the woman wants the man to join her in
acknowledging his paternity of the expected child and the man
denies that he is the father or refuses to join her in
acknowledging paternity { - , - } { + :
(a) + } The woman may seek relief under ORS 109.125 { - . - }
{ + ; and
(b) The health care facility where the child is born shall
proceed as provided in section 2 (3) of this 2001 Act.
(4) + } If after the birth of the child the mother decides to
surrender the child for adoption and paternity has not been
acknowledged as provided in ORS 109.070 (1)(e) or the putative
father has not asserted his rights in filiation proceedings, the
mother has the right without the consent of the father to
surrender the child as provided in ORS 418.270 or to consent to
the child's adoption.
SECTION 4. ORS 109.259 is amended to read:
109.259. Notwithstanding the objections of a party to an order
that seeks to establish paternity, if the blood tests conducted
under ORS 109.250 to 109.262 { + or section 2 (4) of this 2001
Act + } result in a cumulative paternity index of 99 or greater,
the evidence of the blood tests together with the testimony of a
parent is a sufficient basis upon which to presume paternity for
establishing temporary support. Upon the motion of a party, the
court shall enter a temporary order requiring the alleged father
to provide support pending the determination of parentage by the
court. In determining the amount of support, the court shall use
the formula established under ORS 25.275.
SECTION 5. { + ORS 432.285 is repealed. + }
SECTION 6. { + Sections 1 and 2 of this 2001 Act and the
amendments to ORS 109.092 and 109.259 by sections 3 and 4 of this
2001 Act apply only to a child born on or after the effective
date of this 2001 Act. + }
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