Why Establishing Paternity is Important
Establishing paternity is the term for determining the legal father of a child. If a father is not listed on the birth certificate, legal paternity must be established to:
- obtain a support order for the child.
- obtain an order for health care coverage or cash medical support.
- protect the child’s rights to benefits if the father dies, such as money or property left in a will, Veterans benefits, or Social Security benefits.
- allow the child access to the father’s family medical history.
How Paternity is Established
When parents are married to each other, paternity is automatically established by marriage. When parents are not married, paternity can be established by submitting paperwork, or through a court or administrative legal process.
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. Your local child support office can help complete this process.
If the mother wants to establish paternity for her child, she may fill out an Affidavit in Support of Establishing Paternity with or without the father’s voluntary acknowledgment.
Mothers applying for public assistance can complete this form at their local Department of Human Services (DHS) » or child support office. DHS or the Child Support Program will be in contact after receiving the affidavit to discuss the next steps necessary for establishing paternity.
If the alleged father does not believe he is the biological parent, the Oregon Child Support Program will help with genetic testing to determine whether he is or not. These genetic tests are simple, accurate, and will determine if the man tested has the genetic markers required to be the biological father.
The Child Support Program can also assist men who wish to be declared the biological father of a child but need help establishing paternity.
For more information on establishing paternity, contact your local child support office.
Paternity Establishment Only
This application is for parents who wish only to place a child’s biological father on the child’s birth certificate and are not seeking additional child support services.
Child Support Services
This application is for parents seeking to set up a child support order in addition to establishing paternity. Once you submit this application, a child support case manager will get in touch to help you through additional steps based on your and your family’s needs. See Establish an Order for Child Support for more information.
Statement of Rights and Responsibilities, Voluntary Acknowledgment of Paternity
Parents considering signing the Voluntary Acknowledgment of Paternity Affidavit need to be aware of their rights and responsibilities. The video below explains their rights. They can also be found on the back of the Voluntary Acknowledgment form (Vea en Español).
The Oregon Paternity Project
This project ensures that every Oregon child has access to their rights, including important health information, social and legal benefits, and services that promote their well-being. Learn more at oregonpaternityproject.org ».
Steps to Establishing Paternity
This process usually takes 30-120 days.
A parent applies for child support or paternity establishment-only services.
The Oregon Child Support Program contacts the parents to sign the appropriate paperwork.
This process takes 30-45 days, but can take longer if a parent must be located. Please see Locating a Parent for more information.
- If the alleged father agrees he is the biological father, parents may sign a Voluntary Acknowledgment of Paternity ». Once this form is signed by both parents, notarized, and filed with Oregon Vital Records, paternity is legally established.
- If the parents are not in agreement that the alleged father is the biological father, the mother must complete and submit a Paternity Affidavit (PDF) » to begin a legal process that usually includes genetic testing.
Once a Paternity Affidavit is received, the Child Support Program attempts to establish paternity or a child support order.
If the child is not receiving public assistance from the state of Oregon, the custodial parent may choose paternity-only services. The length of time for this step varies, because it may take repeated attempts to obtain the affidavit and serve the proposed order.
Once served, the alleged father may deny he is the biological father and request genetic testing.
If the alleged father takes no action within 30 days, the order is finalized 34 days after it was served. This means paternity is legally established for the child, and the father is provided with the same rights and responsibilities as if the child was born into a marriage. If genetic tests are requested, they will be scheduled as soon as possible, usually 15-45 days following the request.
The Child Support Program arranges genetic tests for the alleged father and the child.
These tests are more than 99% accurate, and the results are usually available within 15-30 days.
- If the test indicates that the alleged father has the genetic markers required to be the biological parent, paternity will be legally established.
- If the test indicates that the alleged father is not the biological parent, then an order of non-paternity will be filed to court, and the alleged father is no longer involved. At this point, the mother will need to provide the name of another alleged father to continue.