6, emerg. eff. June 6, 2006.
§10-7700-101. Short title. Sections 2 through 58 of this act shall be known and may be cited as the “Uniform Parentage Act”. Added by Laws 2006, c. 116, § 2, eff. Nov. 1, 2006.
§10-7700-102. Definitions. For purposes of the Uniform Parentage Act: 1. "Acknowledged father" means a man who has established a father-child relationship by signing an acknowledgment of paternity under Article 3 of the Uniform Parentage Act; 2. "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child; 3. "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of
a child, but whose paternity has not been determined. The term does not include a presumed father; 4. "Child" means an individual of any age whose parentage may be determined under the Uniform Parentage Act; 5. "Determination of parentage" means the establishment of the parent-child relationship by the signing of an acknowledgment of paternity under this section or adjudication by the court; 6. "Duress" means use of physical or psychological force to coerce a person to sign an acknowledgment of paternity; 7. "Effective date" means when the acknowledgment of paternity is fully executed, by the later of the signature dates; 8. "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information; 9. "Fraud" means an intentional misrepresentation of a material fact that could not have been discovered with reasonable diligence and was reasonably relied upon; 10. "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following: a. deoxyribonucleic acid, and b. blood-group antigens, red-cell antigens, human- leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes; 11. "Man" means a male individual of any age; 12. "Material mistake of fact" means a mistake as to the facts that could not have been known at the time a signatory executed an acknowledgment of paternity; 13. "Parent" means an individual who has established a parent- child relationship under Section 7700-201 of this title; 14. "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship; 15. "Paternity index" means the likelihood of paternity calculated by computing the ratio between: a. the likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is the father of the child, and b. the likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man;
16. "Presumed father" means a man who, by operation of law under Section 7700-204 of this title, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding; 17. "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability; 18. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; 19. "Signatory" means an individual who authenticates a record and is bound by its terms; and 20. "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Added by Laws 2006, c. 116, § 3, eff. Nov. 1, 2006. Amended by Laws 2019, c. 151, § 1, eff. Nov. 1, 2019.
§10-7700-103. Scope of act – Choice of law – Jurisdiction of district and administrative courts. A. The Uniform Parentage Act applies to determination of parentage in this state. B. The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on: 1. The place of birth of the child; or 2. The past or present residence of the child. C. The Uniform Parentage Act does not create, enlarge, or diminish parental rights or duties under other laws of this state. D. The district or administrative courts are authorized to adjudicate parentage under the Uniform Parentage Act. Added by Laws 2006, c. 116, § 4, eff. Nov. 1, 2006.
§10-7700-201. Establishment of parent-child relationship. A. The mother-child relationship is established between a woman and a child by: 1. The woman’s having given birth to the child; 2. Adoption of the child by the woman; or 3. As otherwise provided by law. B. The father-child relationship is established between a man and a child by: 1. An unrebutted presumption of the man’s paternity of the child under Section 8 of the Uniform Parentage Act;
2. An effective acknowledgment of paternity by the man under Article 3 of the Uniform Parentage Act, unless the acknowledgment has been timely rescinded or successfully challenged; 3. An adjudication of the man’s paternity; 4. Adoption of the child by the man; or 5. As otherwise provided by law. Added by Laws 2006, c. 116, § 5, eff. Nov. 1, 2006.
§10-7700-202. Equal rights of marital and nonmarital children. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. Added by Laws 2006, c. 116, § 6, eff. Nov. 1, 2006.
§10-7700-203. Application of established parent-child relationship. Unless parental rights are terminated, a parent-child relationship established under the Uniform Parentage Act applies for all purposes, except as otherwise provided by the laws of this state. Added by Laws 2006, c. 116, § 7, eff. Nov. 1, 2006.
§10-7700-204. Presumption of paternity. A. A man is presumed to be the father of a child if: 1. He and the mother of the child are married to each other and the child is born during the marriage; 2. He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution of marriage or after decree of separation; 3. Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, a decree of separation, or dissolution of marriage; 4. After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: a. the assertion is in a record with the State Department of Health, Division of Vital Records or the Department of Human Services, b. he agreed to be and is named as the child’s father on the child’s birth certificate, or c. he promised in a record to support the child as his own; or
5. For the first two (2) years of the child’s life, he resided in the same household with the child and openly held out the child as his own. B. A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6 of the Uniform Parentage Act. Added by Laws 2006, c. 116, § 8, eff. Nov. 1, 2006.
§10-7700-301. Voluntary acknowledgment of paternity. The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity. Added by Laws 2006, c. 116, § 9, eff. Nov. 1, 2006.
§10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment. A. An acknowledgment of paternity shall: 1. Be in a record and on the form prescribed by the Department of Human Services pursuant to Section 20 of this act; 2. Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity; 3. State that the child whose paternity is being acknowledged: a. does not have a presumed father, or has a presumed father whose full name is stated, and b. does not have another acknowledged or adjudicated father; 4. State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and 5. State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two (2) years. B. An acknowledgment of paternity shall be void if it: 1. States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the State Department of Health, Division of Vital Records; or 2. States that another man is an acknowledged or adjudicated father. C. An acknowledgment of paternity is voidable if it falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child. D. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
Added by Laws 2006, c. 116, § 10, eff. Nov. 1, 2006.
§10-7700-303. Denial of paternity - Validity. A presumed father may sign a denial of his paternity. The denial is valid only if: 1. An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 20 of this act; 2. The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; 3. The presumed father has not previously: a. acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 15 of this act or successfully challenged pursuant to Section 16 of this act, or b. been adjudicated to be the father of the child; and 4. The denial is signed not later than two (2) years after the birth of the child. Added by Laws 2006, c. 116, § 11, eff. Nov. 1, 2006.
§10-7700-304. Execution of acknowledgment and denial – Effective date – Execution by minors. A. An acknowledgment of paternity and a denial of paternity may be executed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are executed. B. An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child. C. Subject to subsection A of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the execution of the document, whichever occurs later. D. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with the Uniform Parentage Act. Added by Laws 2006, c. 116, § 12, eff. Nov. 1, 2006.
§10-7700-305. Effect of acknowledgment or denial. A. Except as otherwise provided in Sections 15 and 16 of this act, a valid acknowledgment of paternity signed by both parents is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent. B. Except as otherwise provided in Sections 15 and 16 of this act, a valid denial of paternity by a presumed father when executed in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
Added by Laws 2006, c. 116, § 13, eff. Nov. 1, 2006.
§10-7700-306. No filing fee. The State Department of Health, Division of Vital Records shall not charge for filing an acknowledgment of paternity, denial of paternity, rescission of acknowledgment of paternity, or rescission of denial of paternity. Added by Laws 2006, c. 116, § 14, eff. Nov. 1, 2006.
§10-7700-307. Rescission of acknowledgment or denial. A. A signatory may sign a rescission of acknowledgment of paternity or sign a rescission of denial of paternity before the earlier of: 1. Sixty (60) days after the effective date of the acknowledgment; or 2. The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support. B. A signatory who was a minor at the time of execution of the acknowledgment may rescind an acknowledgment of paternity within sixty (60) days of reaching the age of eighteen. Added by Laws 2006, c. 116, § 15, eff. Nov. 1, 2006.
§10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof. A. After the period for rescission under Section 7700-307 of this title has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only: 1. On the basis of duress or material mistake of fact within two (2) years after the acknowledgment is executed; or 2. On the basis of fraud at any time in accordance with subsection D of Section 7700-607 of this title. B. After the period for rescission under Section 7700-307 of this title has expired, a signatory of a denial of paternity may commence a proceeding to challenge the denial only: 1. On the basis of fraud, duress or material mistake of fact; and 2. Within two (2) years after the denial is executed. C. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof, which shall be by clear and convincing evidence. Added by Laws 2006, c. 116, § 16, eff. Nov. 1, 2006. Amended by Laws 2019, c. 151, § 2, eff. Nov. 1, 2019.
§10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.
A. Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to challenge the acknowledgment or denial. B. For the purpose of challenging an acknowledgment of paternity or a denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial. C. Except for good cause shown, during the pendency of a proceeding to challenge an acknowledgment of paternity or denial of paternity, the court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support. D. A proceeding to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Article 6 of the Uniform Parentage Act. E. At the conclusion of a proceeding to challenge an acknowledgment of paternity or denial of paternity, the court shall order the State Department of Health, Division of Vital Records, to amend the birth record of the child, if appropriate. Added by Laws 2006, c. 116, § 17, eff. Nov. 1, 2006.
§10-7700-310. Ratification of unchallenged acknowledgment prohibited. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity. Added by Laws 2006, c. 116, § 18, eff. Nov. 1, 2006.
§10-7700-311. Full faith and credit. A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state. Added by Laws 2006, c. 116, § 19, eff. Nov. 1, 2006.
§10-7700-312. Forms for acknowledgment and denial of paternity – Rescission form – Effect of modification of forms. A. The Department of Human Services shall prescribe forms for the acknowledgment of paternity and the denial of paternity, which shall be filed with the State Department of Health, Division of Vital Records, pursuant to Section 1-311.3 of Title 63 of the Oklahoma Statutes. B. The rescission of the acknowledgment of paternity shall be prescribed by the Department of Human Services and made available at the same locations as the acknowledgment of paternity form provided for in Section 1-311.3 of Title 63 of the Oklahoma Statutes.
C. A valid acknowledgment of paternity, rescission of acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form. Added by Laws 2006, c. 116, § 20, eff. Nov. 1, 2006.
§10-7700-313. Release of copies of acknowledgment or denial of paternity. The State Department of Health, Division of Vital Records shall release copies of the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and to the agency designated to administer a statewide plan for child support in accordance with Title IV, Part D, of the Federal Social Security Act, as amended, 42 U.S.C., Section 651 et seq. Added by Laws 2006, c. 116, § 21, eff. Nov. 1, 2006.
§10-7700-314. Rules. The Department of Human Services shall promulgate and adopt rules to implement the provisions of this Article. Added by Laws 2006, c. 116, § 22, eff. Nov. 1, 2006.
§10-7700-501. Scope of article. This article governs genetic testing of an individual to determine parentage, whether the individual: 1. Voluntarily submits to testing; or 2. Is tested pursuant to an order of the court or the Department of Human Services. Added by Laws 2006, c. 116, § 23, eff. Nov. 1, 2006.
§10-7700-502. Order for genetic testing – Order for in utero testing not allowed. A. In a civil action in which paternity is a relevant fact and at issue, except as otherwise provided in this Article and Article 6 of the Uniform Parentage Act, the court shall order the child and other designated individuals to submit to genetic testing if the request is made by a party to the proceeding to determine parentage. B. The Department of Human Services Child Support Enforcement Division may order genetic testing only if there is no presumed, acknowledged, or adjudicated father. C. If a request for genetic testing of a child is made before birth, the court or the Department of Human Services may not order in utero testing. D. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially. Added by Laws 2006, c. 116, § 24, eff. Nov. 1, 2006.
§10-7700-503. Requirements of testing – Objection to calculation - Retesting. A. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: 1. The American Association of Blood Banks, or a successor to its functions; 2. The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or 3. An accrediting body designated by the federal Secretary of Health and Human Services. B. A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing. C. Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory’s choice, the following rules apply: 1. The individual objecting may require the testing laboratory, within thirty (30) days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory; 2. The individual objecting to the testing laboratory’s initial choice shall: a. if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies, or b. engage another testing laboratory to perform the calculations; and 3. The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested. D. If, after recalculation using a different ethnic or racial group, genetic testing does not conclusively identify a man as the father of a child under Section 27 of this act, an individual who has been tested may be required to submit to additional genetic testing. Added by Laws 2006, c. 116, § 25, eff. Nov. 1, 2006.
§10-7700-504. Report of testing – Chain of custody.
A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this Article will be admitted as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. B. Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony: 1. The names and photographs of the individuals whose specimens have been taken; 2. The names of the individuals who collected the specimens; 3. The places and dates the specimens were collected; 4. The names of the individuals who received the specimens in the testing laboratory; and 5. The dates the specimens were received. Added by Laws 2006, c. 116, § 26, eff. Nov. 1, 2006.
§10-7700-505. Identification of father - Rebuttal. A. Under the Uniform Parentage Act, a man is rebuttably identified as the father of a child if the genetic testing complies with this Article and the results disclose that the man has: 1. At least a ninety-nine-percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and 2. A combined paternity index of at least 100 to 1. B. A man identified under subsection A of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this Article which: 1. Excludes the man as a genetic father of the child; or 2. Identifies another man as the possible father of the child. C. Except as otherwise provided in Section 32 of this act, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father. Added by Laws 2006, c. 116, § 27, eff. Nov. 1, 2006.
§10-7700-506. Payment of costs of testing. A. Subject to assessment of costs under Article 6 of the Uniform Parentage Act, the cost of initial genetic testing shall be advanced by the Department of Human Services in a proceeding in which the Department is providing services. B. In cases in which the Department of Human Services is not providing services, the cost of initial genetic testing shall be advanced: 1. By the individual who made the request;
2. As agreed by the parties; or 3. As ordered by the court. C. In cases in which the cost is advanced by the Department of Human Services, the Department may seek reimbursement from a man who is identified as the father. Added by Laws 2006, c. 116, § 28, eff. Nov. 1, 2006.
§10-7700-507. Advance payment for additional testing. If the previous genetic testing identified a man as the father of the child under Section 27 of this act, the court or the Department of Human Services may not order additional testing unless the party challenging the test provides advance payment for the testing. Added by Laws 2006, c. 116, § 29, eff. Nov. 1, 2006.
§10-7700-508. Specimen from potential father unavailable – Additional sources of specimens for testing. A. Subject to subsection B of this section, if a genetic- testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing: 1. The parents of the man; 2. Brothers and sisters of the man; 3. Other children of the man and their mothers; 4. Other relatives of the man necessary to complete genetic testing; and 5. Any other custodians of genetic material. B. Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested. Added by Laws 2006, c. 116, § 30, eff. Nov. 1, 2006.
§10-7700-509. Testing of deceased individual. For good cause shown, the court may order genetic testing of a deceased individual. Added by Laws 2006, c. 116, § 31, eff. Nov. 1, 2006.
§10-7700-510. Testing of identical brother – Use of nongenetic evidence. A. The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. B. If each brother satisfies the requirements as the identified father of the child under Section 27 of this act without consideration of another identical brother being identified as the
father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child. Added by Laws 2006, c. 116, § 32, eff. Nov. 1, 2006.
§10-7700-511. Release of genetic test report. Release of the report of genetic testing for parentage is controlled by Section 237 of Title 56 of the Oklahoma Statutes. Added by Laws 2006, c. 116, § 33, eff. Nov. 1, 2006.
§10-7700-601. Proceeding authorized. A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the applicable rules prescribed by the Code of Civil Procedure of the State of Oklahoma. Added by Laws 2006, c. 116, § 34, eff. Nov. 1, 2006.
§10-7700-602. Standing to maintain proceeding. Subject to Article 3 of the Uniform Parentage Act and Sections 40 and 42 of this act, a proceeding to adjudicate parentage may be maintained by: 1. The child; 2. The mother of the child; 3. A man whose paternity of the child is to be adjudicated; 4. The Department of Human Services; or 5. A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor. Added by Laws 2006, c. 116, § 35, eff. Nov. 1, 2006.
§10-7700-603. Parties to proceeding. The following individuals may be joined as parties in a proceeding to adjudicate parentage: 1. The mother of the child; and 2. A man whose paternity of the child is to be adjudicated. Added by Laws 2006, c. 116, § 36, eff. Nov. 1, 2006.
§10-7700-604. Personal jurisdiction. A. An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. B. A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 601-201 of Title 43 of the Oklahoma Statutes are fulfilled. C. Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction. Added by Laws 2006, c. 116, § 37, eff. Nov. 1, 2006.
§10-7700-605. Venue. Venue for a proceeding to adjudicate parentage is in the county of this state in which: 1. The child resides or is found; 2. The respondent resides or is found if the child does not reside in this state; or 3. A proceeding for probate or administration of the presumed or alleged father’s estate has been commenced. Added by Laws 2006, c. 116, § 38, eff. Nov. 1, 2006.
§10-7700-606. No limitation for parentage proceeding with no presumed, acknowledged, or adjudicated father. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after: 1. The child becomes an adult, but only if the child initiates the proceeding; or 2. An earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect. Added by Laws 2006, c. 116, § 39, eff. Nov. 1, 2006.
§10-7700-607. Two-year limitation in proceedings with presumed father - Exception. A. Except as otherwise provided in subsection B of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than two (2) years after the birth of the child. B. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time in accordance with Section 7700-608 of this title if the court, prior to an order disproving the father-child relationship, determines that: 1. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and 2. The presumed father never openly held out the child as his own. C. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed or acknowledged father may be maintained at any time if the court determines that the biological father, presumed or acknowledged father, and the mother agree to adjudicate the biological father's parentage in accordance with Sections 7700-608 and 7700-636 of this title. If the presumed or acknowledged father or mother is
unavailable, the court may proceed if it is determined that diligent efforts have been made to locate the unavailable party and it would not be prejudicial to the best interest of the child to proceed without that party. In a proceeding under this section, the court shall enter an order either confirming the existing father-child relationship or adjudicating the biological father as the parent of the child. A final order under this subsection shall not leave the child without an acknowledged or adjudicated father. D. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed or acknowledged father may be maintained at any time before the child is eighteen (18) years of age on the basis of fraud as defined in Section 7700-102 of this title. A party bringing a challenge under this section has the burden of proving fraud by clear and convincing evidence. Upon a finding of fraud, the court shall conduct a best- interest hearing to determine if genetic testing should be ordered pursuant to Section 7700-608 of this title. Court-ordered genetic testing shall be performed prior to an order of nonparentage under Sections 7700-621 and 7700-631 of this title. Any genetic test performed shall be in accordance with Sections 7700-501 through 7700-511 of this title. 1. The cost of the genetic testing to disprove parentage shall be advanced by the individual challenging parentage; 2. In a court order of nonparentage, a noncustodial parent has no right to reimbursement for child support and medical support payments made under a child support order; and 3. The court shall order the State Department of Health, Division of Vital Records, to amend the birth record of the child, if appropriate. Added by Laws 2006, c. 116, § 40, eff. Nov. 1, 2006. Amended by Laws 2008, c. 99, § 2, eff. Nov. 1, 2008; Laws 2014, c. 96, § 1, eff. Nov. 1, 2014; Laws 2019, c. 151, § 3, eff. Nov. 1, 2019.
§10-7700-608. Motion for genetic testing. A. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court shall deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father if the court determines that: 1. The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and 2. It would be contrary to the child's best interests to disprove the father-child relationship between the child and the presumed or acknowledged father. B. In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
1. The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father; 2. The length of time during which the presumed or acknowledged father has assumed the role of father of the child; 3. The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity; 4. The nature of the relationship between the child and the presumed or acknowledged father; 5. The age of the child; 6. The harm that may result to the child if presumed or acknowledged paternity is successfully disproved; 7. The nature of the relationship between the child and any alleged father; 8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and 9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child. C. In a proceeding to disprove the father-child relationship between a child over two (2) years of age and the child's presumed or acknowledged father, the court shall appoint a guardian ad litem to represent the child prior to ruling on a motion seeking an order of genetic testing. If the child is under two (2) years of age, or if the proceeding is brought under subsection B of Section 7700-607 of this title, the court may, at its own discretion or upon request by any party, appoint a guardian ad litem to represent the child. D. If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child. Added by Laws 2006, c. 116, § 41, eff. Nov. 1, 2006. Amended by Laws 2014, c. 96, § 2, eff. Nov. 1, 2014.
§10-7700-609. Limitation in proceeding with acknowledged or adjudicated father. A. If a child has an acknowledged father, a signatory to the acknowledgment of paternity may commence a proceeding seeking to challenge the paternity of the child only within the time allowed under Section 15 or 16 of this act. B. If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two (2) years after the effective date of the acknowledgment or adjudication.
C. A proceeding under this section is subject to the application of Section 16 of this act. Added by Laws 2006, c. 116, § 42, eff. Nov. 1, 2006.
§10-7700-610. Joinder of proceedings. A. Except as otherwise provided in subsection B of this section, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, dissolution of marriage, annulment, legal separation, probate or administration of an estate, or other appropriate proceeding. B. A respondent may not join a proceeding described in subsection A of this section with a proceeding to adjudicate parentage brought under Section 601-101 et seq. of Title 43 of the Oklahoma Statutes. Added by Laws 2006, c. 116, § 43, eff. Nov. 1, 2006.
§10-7700-611. Proceeding before birth of child. A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: 1. Service of process; 2. Discovery; and 3. Except as prohibited by Section 24 of this act, collection of specimens for genetic testing. Added by Laws 2006, c. 116, § 44, eff. Nov. 1, 2006.
§10-7700-612. Child as party to proceeding – Guardian ad litem. A. A minor child is a permissible party, but is not a necessary party to a proceeding under this Article. B. The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented. Added by Laws 2006, c. 116, § 45, eff. Nov. 1, 2006.
§10-7700-621. Admissibility of genetic-testing results - Testimony of experts - Medical bills. A. Except as otherwise provided in subsection C of this section, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen (14) days after its mailing and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed: 1. Voluntarily or pursuant to an order of the court or the Department of Human Services; or
2. Before or after the commencement of the proceeding. B. A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying. C. If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed pursuant to an order of the court under Sections 7700-502 and 7700-608 of this title. D. Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than ten (10) days before the date of a hearing are admissible to establish: 1. The amount of the charges billed; and 2. That the charges were reasonable, necessary, and customary. Added by Laws 2006, c. 116, § 46, eff. Nov. 1, 2006. Amended by Laws 2008, c. 99, § 3, eff. Nov. 1, 2008.
§10-7700-622. Enforcement of order for genetic testing - Default. A. An order for genetic testing is enforceable by contempt. B. If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual. C. If a defendant fails to answer, or to appear for hearing or genetic testing after being ordered to appear, and all other duly served defendants have been excluded as possible fathers by genetic testing, the court shall enter an order establishing the defendant who failed to answer or appear as the father. D. Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated. Added by Laws 2006, c. 116, § 47, eff. Nov. 1, 2006.
§10-7700-623. Admission of paternity. A. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. B. If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Added by Laws 2006, c. 116, § 48, eff. Nov. 1, 2006.
§10-7700-624. Temporary order for support. A. In a proceeding under this Article, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: 1. A presumed father of the child; 2. Petitioning to have his paternity adjudicated; 3. Identified as the father through genetic testing under Section 7700-505 of this title; 4. An alleged father who has declined to submit to genetic testing; 5. Shown by clear and convincing evidence to be the father of the child; or 6. The mother of the child. B. A temporary order issued pursuant to this section may include provisions for custody and visitation as provided by Section 110 of Title 43 of the Oklahoma Statutes. Added by Laws 2006, c. 116, § 49, eff. Nov. 1, 2006. Amended by Laws 2024, c. 189, § 2, eff. Nov. 1, 2024.
§10-7700-631. Rules for adjudication of paternity. The court shall apply the following rules to adjudicate the paternity of a child: 1. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child; 2. Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 27 of this act shall be adjudicated the father of the child; 3. If the court finds that genetic testing under Section 27 of this act neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity; and 4. Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated not to be the father of the child. Added by Laws 2006, c. 116, § 50, eff. Nov. 1, 2006.
§10-7700-632. Jury prohibited. The court, without a jury, shall adjudicate paternity of a child. Added by Laws 2006, c. 116, § 51, eff. Nov. 1, 2006.
§10-7700-633. Closure of proceeding – Inspection of records. A. On request of a party and for good cause shown, the court may close a proceeding under this Article. B. A final order in a proceeding under this Article is available for public inspection. Once a proceeding is closed under this Article, other papers and records are available only with the consent of the parties or on order of the court for good cause. Added by Laws 2006, c. 116, § 52, eff. Nov. 1, 2006.
§10-7700-634. Order on default. The court shall issue an order adjudicating the paternity of a man who: 1. After service of process, is in default; and 2. Is found by the court to be the father of a child. Added by Laws 2006, c. 116, § 53, eff. Nov. 1, 2006.
§10-7700-635. Dismissal for want of prosecution. The court may issue an order dismissing a proceeding commenced under the Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice. Added by Laws 2006, c. 116, § 54, eff. Nov. 1, 2006.
§10-7700-636. Order adjudicating parentage – Assessment of fees and costs – Change of child’s surname. A. The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. B. An order adjudicating parentage shall identify the child by name and date of birth. C. Except as otherwise provided in subsection D of this section, the court may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this Article. The court may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name. D. The court may not assess fees, costs, or expenses against the Department of Human Services or an agency of another state designated to administer a statewide plan for child support in accordance with Title IV, Part D, of the Federal Social Security Act, as amended, 42 U.S.C., Section 651 et seq., except as provided by other law. E. If both the mother and the father agree to change the surname of the child to that of the father, the court may order that the name be changed.
F. If the order of the court is at variance with the child’s birth certificate, the court shall order the State Department of Health, Division of Vital Records to issue an amended birth registration. Added by Laws 2006, c. 116, § 55, eff. Nov. 1, 2006.
§10-7700-637. Binding effect of determination of parentage. A. Except as otherwise provided in subsection B of this section, a determination of parentage is binding on: 1. All signatories to an acknowledgment or denial of paternity as provided in Article 3 of the Uniform Parentage Act; and 2. All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 601-201 of Title 43 of the Oklahoma Statutes. B. A child is not bound by a determination of parentage under the Uniform Parentage Act unless: 1. The determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing; 2. The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or 3. The child was a party or was represented in the proceeding determining parentage by an attorney or guardian ad litem. C. In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 601-201 of Title 43 of the Oklahoma Statutes and the final order: 1. Expressly identifies a child as a “child of the marriage”, “issue of the marriage”, or similar words indicating that the husband is the father of the child; or 2. Provides for support of the child by the husband unless paternity is specifically disclaimed in the order. D. Except as otherwise provided in subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding. E. A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review. Added by Laws 2006, c. 116, § 56, eff. Nov. 1, 2006.
§10-7700-901. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws 2006, c. 116, § 57, eff. Nov. 1, 2006.
§10-7700-902. Governance of act. A proceeding to adjudicate parentage or an acknowledgment of paternity which was commenced or executed before November 1, 2006, is governed by the Uniform Parentage Act. Added by Laws 2006, c. 116, § 58, eff. Nov. 1, 2006.