Parentage and Paternity
What is parentage?
Parentage is the legal determination of a parent (mother or father) and recognizes a parent’s legal relationship to a child.
What is paternity?
Paternity is the legal determination of a father. Paternity is a type of parentage. The establishment of paternity is specific to establishing a parent’s relationship to a child based on the claim that they are the child’s biological father. If a second parent is not listed on a child’s birth certificate, the Oregon Child Support Program can only assist with establishing paternity.
The Importance of Parentage
Legal parentage must be established to:
- obtain a child support order, including healthcare coverage or cash medical support for the child.
- protect the child’s rights to benefits if the parent dies, such as money or property left in a will, Veterans benefits, or Social Security benefits.
- allow the child access to their parent’s family medical history.
Ways to Establish Paternity
When parents are married to each other, parentage is automatic as a matter of law.
When parents are not married, parentage can be established through a court legal process.
Paternity, based on the claim that someone is the child’s biological father, may also be established by completing an acknowledgment or by entering an administrative order through the Oregon Child Support Program.
When both parents agree they are the biological parents of a child, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity Affidavit». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. The Oregon Child Support Program can help complete this process, including paying the filing fee.
If a parent wants to establish paternity for their child, they may fill out a Declaration in Support of Establishing Parentage » | en Español » with or without the other parent’s voluntary acknowledgment. Parents applying for public assistance can complete this form at any child support office or Oregon Department of Human Services (ODHS) ». The Oregon Child Support Program or ODHS will contact you after receiving the declaration to discuss next steps for establishing paternity.
Free Genetic Testing
The Oregon Child Support Program offers free genetic testing to add a father’s name to a birth certificate. If requested, we will help with genetic testing to determine whether the alleged father is the biological parent. These genetic tests are simple, accurate, and will determine if the person tested has the genetic markers required to be the biological father. If the person tested is determined to be the biological father, paternity is established after the results and order are filed in court.
For more information on establishing paternity, contact Customer Service at 800-850-0228 or ChildSupportCustomerService@doj.oregon.gov.
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Paternity-Only Services
You can enroll in paternity-only services if you want to place your child’s biological father on their birth certificate but not seek child support.
Child Support Services
You can enroll in child support services if you want to establish a child support order, including medical support, in addition to establishing paternity.
For more information, visit Enroll in Child Support Services.
Statement of Rights and Responsibilities, Voluntary Acknowledgment of Paternity
If you are thinking about signing the Voluntary Acknowledgment of Paternity Affidavit, you need to know your rights and responsibilities. Watch the video below or read more about your rights on the back of the Voluntary Acknowledgment form (Vea en Español).
Steps to Establishing Paternity
1. A parent enrolls for paternity-only or for paternity and child support services.
2. The Oregon Child Support Program contacts the parents to sign the appropriate paperwork.
This process usually takes 30–45 days but can take longer if one of the parents must be located. Please see Locating a Parent for more information.
- If the parents agree the alleged father is the biological father, they can sign a Voluntary Acknowledgment of Paternity Affidavit». Once this form is signed by both parents, notarized, and filed with Oregon Vital Records, paternity is legally established.
- If the parents do not agree the alleged father is the biological father, either parent must complete and submit a Declaration in Support of Establishing Parentage » | en Español » to begin the legal process to establish paternity, which can include genetic testing.
3. If a Declaration in Support of Establishing Parentage is received, the Oregon Child Support Program will start a legal action to establish paternity.
This step includes:
- Gathering the necessary forms (including a signed Declaration in Support of Establishing Parentage)
- Confirming both parents’ mailing addresses
- Issuing a proposed order establishing paternity only or paternity and child support, depending on the request
- Serving the proposed order upon the parents
The length of time for this step varies because it may take repeated attempts to serve the proposed order on one of the parents.
4. Once served, the mother or alleged father may request genetic testing.
If genetic tests are requested, they will be scheduled as soon as possible.
If neither parent responds within 30 days of being served, the order may be finalized. This means paternity is legally established for the child, and the father now has the same rights and responsibilities as if the child were born into a marriage.
5. If requested, the Oregon Child Support Program schedules genetic test appointments for the mother, alleged father, and the child.
Test appointments for the parents do not have to be scheduled at the same time. These tests are more than 99% accurate, and results are usually available within 15–30 days.
- If the test indicates the alleged father has the genetic markers required to be the biological parent, the proposed order will be filed in court, which legally establishes paternity.
- If the test indicates the alleged father is not a biological parent, an order of non-paternity will be filed in court. The alleged father is no longer involved in the legal action. If the mother wishes to continue, she will need to provide the name of another alleged father.