Chapter 109 — Chapter 109

ORS 109.145 Court may proceed despite failure to appear; evidence required. If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the court may adjudicate the respondent’s parentage or nonparentage of the child and may impose such obligations on the respondent as it deems reasonable. In all such cases corroborating evidence in addition to the testimony of the parent or expectant parent shall be required to establish parentage and the court may, in its discretion, order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief. The testimony of the parent or expectant parent and the corroborating evidence may be presented by affidavit. [1969 c.619 §4; 1975 c.640 §14; 1983 c.762 §4; 2017 c.651 §23; 2025 c.592 §32]

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ORS 109.148 Parentage of child conceived by rape. (1) As used in this section, “rape” means the commission of an act constituting rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction

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ORS 109.150 [Amended by 1961 c.338 §2; 1967 c.534 §16; repealed by 1969 c.619 §15]

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ORS 109.151 Adjudicating competing claims of parentage. (1) Except as otherwise provided in ORS 109.148, in a proceeding to adjudicate competing claims of, or challenges under ORS 109.067 (3), 109.070 or 109.072 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, taking into consideration, at a minimum

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ORS 109.153 [1973 c.827 §12g; 1981 c.669 §3; repealed by 1983 c.762 §10]

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ORS 109.154 Temporary child support pending determination of parentage. (1) Notwithstanding the objections of a party to an order that seeks to establish parentage, parentage of a child may be presumed for the purpose of establishing temporary child support if the person whose parentage is being established is

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ORS 109.155 Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing. (1) The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in addition to the testimony of the parent who gave birth to the child, shall be required

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ORS 109.158 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies. (1) Upon motion of either party to a judgment entered under ORS 109.155, the court may set aside, alter or modify any portion of the judgment that provides for the support of the minor child or child attending school, as defined in ORS 107.108. As to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment, the judgment is final and the court may not change it. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child. A child attending school is a party for purposes of this section

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ORS 109.160 [Repealed by 1969 c.619 §15]

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ORS 109.161 Determination of legal custody after parentage established. (1) If parentage of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 25.501 to 25.556 or 109.124 to 109.171, or if parentage is established by the filing of a voluntary acknowledgment of parentage as provided by ORS 109.065 (5), the parent with physical custody at the time of filing of the petition or the notice under ORS 25.511, or the parent with physical custody at the time of the filing of the voluntary acknowledgment of parentage, has sole legal custody until a court specifically orders otherwise. The first time the court determines who should have legal custody, neither parent shall have the burden of proving a change of circumstances. The court shall give primary consideration to the best interests and welfare of the child and shall consider all the standards set out in ORS 107.137

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ORS 109.165 [1969 c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997 c.704 §58; 1997 c.707 §22; 2001 c.203 §8; 2003 c.116 §10; 2003 c.419 §3; 2003 c.576 §141; 2015 c.298 §95; 2021 c.597 §65; 2025 c.592 §34; renumbered 109.158 in 2025]

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ORS 109.167 Notice to Center for Health Statistics after petition filed; filing notice. (1) After filing a petition described in ORS 109.125 and 109.135, the petitioner shall cause the Center for Health Statistics of the Oregon Health Authority to be served by mail with a notice setting forth the court in which the petition was filed, the date of the filing therein, the case number, the full name and address of the child, the date and place of the child’s birth, or if the child is not yet born, the date and place of the child’s conception and the probable date of the child’s birth, the full names and addresses of the child’s alleged genetic parent and the parent who gave or will give birth to the child, and the names and addresses of the petitioner and of the respondents in the proceedings

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ORS 109.169 Legality of contract between parents of child born out of wedlock. Any contract between a parent who gave birth to a child and the child’s alleged genetic parent is a legal contract, and the admission by the alleged genetic parent of parentage of the child is sufficient consideration to support the contract. [Formerly 109.230]

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ORS 109.170 [Repealed by 1969 c.619 §15]

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ORS 109.171 Records open to public. Records of proceedings to adjudicate the parentage of a child’s alleged genetic parent filed in circuit court shall be open for inspection by any person without order of the court. [Formerly 109.231]

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ORS 109.173 Attorney fees. In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.171, the court may render judgment awarding to a party, or directly to the party’s attorney, a sum of money determined to be reasonable as an attorney fee and costs and expenses of suit, which judgment may include expert witness fees, in preparation for and at trial and on appeal. [Formerly 109.237]

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ORS 109.175 [1983 c.761 §11; 1985 c.671 §42; 1995 c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §§15,21; 2017 c.651 §25; 2025 c.592 §35; renumbered 109.161 in 2025]

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ORS 109.180 [Repealed by 1969 c.619 §15]

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ORS 109.181 Definitions for ORS 109.181 to 109.203. As used in ORS 109.181 to 109.203

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ORS 109.182 Scope; limitation on use of genetic testing. (1) ORS 109.181 to 109.203 govern genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual

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ORS 109.184 Authority to order or deny genetic testing. (1) Except as otherwise provided in ORS 109.181 to 109.203, in a proceeding in this state in which parentage is a relevant fact, the court or the administrator

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ORS 109.186 Standards for genetic testing; recalculation of relationship index. (1) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by

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ORS 109.188 Report of genetic testing. (1) A report of genetic testing must be in writing and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of ORS 109.181 to 109.203 is self-authenticating

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ORS 109.189 Admissibility of results of genetic testing. (1) Except as otherwise provided in ORS 109.182 (2), the court shall admit a report of genetic testing ordered by the court under ORS 109.184 as evidence of the truth of the facts asserted in the report

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ORS 109.190 [Amended by 1961 c.338 §3; repealed by 1969 c.619 §15]

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ORS 109.191 Genetic testing results; challenge to results. (1) An individual is rebuttably presumed to be a genetic parent of a child if genetic testing complies with ORS 109.181 to 109.203 and the results of the testing disclose

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ORS 109.193 Cost of genetic testing. (1) Payment of the cost of initial genetic testing must be made

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ORS 109.195 Additional genetic testing. The court or the administrator shall order additional genetic testing at the request of an individual who contests the result of the initial testing under ORS 109.191. If initial genetic testing under ORS 109.191 identified an individual as a genetic parent of the child, the court or the administrator may not order additional testing unless the contesting individual pays for the testing in advance. [2025 c.592 §47]

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ORS 109.197 Genetic testing when specimen not available. (1) The court may order relatives of an alleged genetic parent to submit specimens for testing if

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ORS 109.198 Deceased individual. If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual. [2025 c.592 §49]

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ORS 109.200 [Amended by 1961 c.338 §4; repealed by 1969 c.619 §15]

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ORS 109.201 Identical siblings. (1) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling

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ORS 109.203 Confidentiality of genetic testing. Release of a report of genetic testing for parentage is subject to the privacy protections under ORS 192.531 to 192.549. [2025 c.592 §51]

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ORS 109.204 Applicability to criminal actions for nonsupport. ORS 109.181 to 109.203 apply to criminal cases for nonsupport under ORS 163.555 subject to the following limitations and provisions

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ORS 109.206 (1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by

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ORS 109.208 Parental status of donor. A donor is not a parent of a child conceived by assisted reproduction. [2025 c.592 §57]

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ORS 109.210 [Repealed by 1969 c.619 §15]

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ORS 109.211 Consent to assisted reproduction; failure to consent in writing. (1) An individual’s parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement

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ORS 109.213 Limitation on spouse’s dispute of parentage. The court shall find that an individual who is the presumed parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, is not the parent of the child and that the presumption is rebutted if

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ORS 109.214 Effects of certain legal proceedings regarding marriage. If the marriage of a parent who gave birth to a child conceived by assisted reproduction, other than under a surrogacy agreement, is terminated through dissolution, annulment or legal separation before the transfer that results in a pregnancy, the former spouse of the parent who gave birth to the child conceived by the assisted reproduction is not a parent of the child unless the former spouse consented in writing that the former spouse would be a parent of the child if a transfer resulting in pregnancy were to occur after a dissolution, annulment or legal separation, and the former spouse did not withdraw consent as provided in ORS 109.216. [2025 c.592 §60]

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ORS 109.216 Withdrawal of consent. (1) An individual who consents to assisted reproduction, other than under a surrogacy agreement, may withdraw consent any time before a transfer that results in a pregnancy by giving written notice of the withdrawal of consent to the person who agreed to give birth to a child conceived by the assisted reproduction

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ORS 109.218 Parental status of deceased individual. (1) If an individual who intends to be a parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, dies during the period between the date of transfer and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child in the same manner as if the individual had died after the birth of the child

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ORS 109.220 [Amended by 1961 c.338 §5; 1969 c.619 §12; repealed by 1979 c.87 §1]

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ORS 109.222 Eligibility to enter gestational surrogacy agreement. (1) An individual may enter into an agreement to act as a gestational surrogate only if the individual

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ORS 109.224 Execution of gestational surrogacy agreement. A gestational surrogacy agreement must be executed in compliance with the following rules

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ORS 109.225 [1975 c.640 §5; 1983 c.709 §40; 1983 c.762 §6; 1991 c.484 §1; 2009 c.595 §69; 2025 c.592 §36; renumbered 109.167 in 2025]

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ORS 109.226 Content of gestational surrogacy agreement. (1) A gestational surrogacy agreement must comply with the following requirements

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ORS 109.228 Effect of subsequent change of marital status. (1) Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties

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ORS 109.230 [Amended by 1961 c.338 §6; 2025 c.592 §37; renumbered 109.169 in 2025]

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ORS 109.231 [1993 c.138 §2; 2025 c.592 §38; renumbered 109.171 in 2025]

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