Establishing Parentage (Paternity) in Oregon
Establishing parentage (previously called "paternity") is about figuring out who a child’s legal father is. After a person becomes a legal father, they have important rights and responsibilities.
Keep reading to learn how to establish parentage, why establishing parentage is important, and find answers to frequently asked questions on this topic.
A note about language: This article uses the word "father" and "mother" for simplicity. But these terms also include non-binary or trans parents. So, when we say "father," we mean anyone that provides sperm to make a baby. When we say "mother," when mean a person who provides the egg to make a baby.
What is parentage?
Parentage refers to the legal relationship between a parent and their child. When parentage is established, a parent has legal rights and responsibilities for their child. This includes providing financial support and having a say in important decisions about their child’s life.
Learn more about the parents' rights here.
Who should worry about establishing parentage?
You may need to address parentage issues if:
- You are an unmarried parent: When a child is born to unmarried parents, the father isn’t automatically recognized as the legal father unless the father takes steps to become a legal parent (like signing an acknowledgment of parentage form).
- You are unsure about your child’s biological father: Parentage cases can help you sort out who is a child's biological parent.
- You want legal rights as a father: Establishing parentage ensures you have legal rights and responsibilities. It allows you to go to court and ask for custody or visitation rights.
- You want financial support for your child: You must establish parentage to get financial support from the other parent.
How to establish parentage in Oregon
There are three main ways to establish parentage in Oregon:
- Sign official paperwork: Both parents can sign a "Voluntary Acknowledgment of Paternity" form. This form is usually completed at the hospital after the child is born, but it can also be done later. The signed form must be filed with the Oregon Center for Health Statistics. You can download Oregon's "Voluntary Acknowledgement of Paternity Affidavit" here.
- Agency process: The Oregon Child Support Program (CSP) can help parents establish parentage for free. This process may include genetic (DNA) testing if parentage is in question. Parents don't have to ask for child support to use the CSP's parentage services. Once parentage is established, a legal order is issued. Learn more about parentage establishment services on the CSP website.
- Court order: Either parent can go to court to establish parentage. The court may order genetic testing to sort out who the biological father is. The court then issues legal paperwork that states who the child's legal father is. However, this is a complicated process and you should consider hiring a lawyer to help you.
Why is establishing parentage important?
Establishing parentage benefits children and parents:
- Children: Establishing parentage gives children access to financial support from both their parents. It also grants children access to their father's health insurance, Social Security benefits, and inheritance. It can also foster a stronger sense of identity and family connections.
- Fathers: Establishing parentage provides fathers with an opportunity to build a relationship with their child. A legal father can also go to court and ask for custody or parenting time orders so they can see their child regularly.
- Mothers: Establishing parentage allows mothers to ask for child support so they can get help raising their children.
FAQs About Parentage
You can ask the Oregon Child Support Program (CSP) to prove that person is your child’s biological father. This is called establishing parentage. You can ask to establish parentage any time before your child turns 18.
To ask the CSP for help establishing parentage, you need to apply for CSP services.
The CSP can help you establish parentage even if you don’t want child support from the other parent.
Don’t write in anyone’s name on your child’s birth certificate or sign a form called a "Voluntary Acknowledgement of Paternity Affidavit." If you already did one of these things, you need to act quickly to make changes. In most cases, you only have one year to change your child's legal father. If it’s been more than one year, talk to an attorney. This is complicated.
To ask the CSP for help with parentage issues, you need to apply for CSP services.
The CSP can help you establish parentage even if you don’t want child support from the other parent.
This process is complicated. You should act quickly if you need to change your child’s legal father. In most cases you only have one year to change your child’s legal father. The Oregon Child Support Program (CSP) can provide free help so you can sort out parentage issues. Visit the CSP website for more information.
When parents are not married, a biological father can become the legal father by signing an official government form, called a "Voluntary Acknowledgment of Paternity Affidavit."
A father can sign this form at the hospital, or they can sign it after their child leaves the hospital. It is free to sign this form at the hospital or within 14 days of leaving the hospital.
After 14 days (or if the child was born outside of a hospital), there is a small fee to complete this form and it must be signed in front of a notary public.
You can ask for an official copy of the birth certificate from Oregon Vital Records. Only a parent on the birth certificate can get a copy. If you are not on the birth certificate as the legal father, Oregon Vital Records will reject your request.
You can ask the Oregon Child Support Program (CSP) to help you become a legal parent. This is called establishing parentage.
To ask the CSP for help establishing parentage, you need to apply for services with the CSP. You can find information about how to apply on the CSP website.
The CSP can help you establish parentage even if you don’t want to start a child support case.
If your wife has a child that is not biologically yours, you are still the legal parent of that child if the child was either:
- Born while you are still legally married
- Born within 300 days after you are legally divorced.
For example, if you’ve been separated from your spouse for five years, and your spouse has a child with a new partner, you are that child’s legal parent because you are still married.
If you believe you are not the biological parent of your spouse's child, there is a process to disestablish parentage and be removed as the legal parent. You can ask the the Oregon Child Support Program (CSP) for help with this.
CSP may not help you disestablish parentage if your spouse doesn’t agree with this change. If this happens, it's probably time to hire a lawyer.
No. You must do an official DNA test through the Oregon Child Support Program or through an Oregon court case.
Read the paperwork carefully. If you disagree that you are the legal father or disagree with the amount of child support, you must notify the CSP. But you need to act quickly. You only have a short time to act.
The paperwork will tell you how to tell the CSP you disagree, and the deadline to act.
Don't ignore the papers
If you do nothing, here’s what will most likely happen:
- You will become the child’s legal father
- You will have to pay child support to the other parent if they asked for child support
Disagreeing with child support
In most situations, you can’t avoid paying child support, you can only disagree with the amount. But you don’t have to pay child support if you are getting disability benefits, TANF benefits, or are in jail or prison.
If you disagree with the amount of child support listed in the CSP paperwork, or have a good reason not to pay support, you need to tell the CSP quickly. You only have a short time to act.
The CSP paperwork will tell you how to disagree and how much time you have. For more information on child support, go here.
Either parent can try cancel their Voluntary "Acknowledgement of Paternity Affidavit," but only in certain situations.
- If it has been less than 60 days since you signed the form, you can call the Center for Health Statistics at 971-673-1147 or email them at CHS.Amendments@oha.oregon.gov and ask for the "Rescind of Voluntary Acknowledgment" form for either the mother or the father. There is no fee for filing this form.
- If it has been less than one year since you signed the form, you can tell the Oregon Child Support Program (CSP) that you want to do DNA testing. Contact the CSP for help.