Parent and Child Rights and Relationships

ORS 109.098
Objection of putative father in proceeding referred to in ORS 109

(1)

If a putative father of a child by due appearance in a proceeding of which he is entitled to notice under ORS 109.096 (Notice to putative father when parentage not established) objects to the relief sought, the court:

(a)

(A)

May stay the adoption or other court proceeding to await the outcome of the filiation proceedings only if notice of the initiation of filiation proceedings was on file as required by ORS 109.096 (Notice to putative father when parentage not established) (3) or (4); or

(B)

If the child is an Indian child, shall stay the adoption proceeding to await the outcome of a determination of the putative father’s parentage under ORS 419B.609 (Acknowledgment or establishment of parentage).

(b)

Shall, if neither a filiation proceeding nor a proceeding to determine the putative father’s parentage under ORS 419B.609 (Acknowledgment or establishment of parentage) is pending, inquire as to the paternity of the child, the putative father’s past endeavors to fulfill his obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the putative father, the putative father’s fitness to care for and rear the child and whether the putative father is willing to be declared the father of the child and to assume the responsibilities of a father.

(2)

If after inquiry under subsection (1)(b) of this section the court finds:

(a)

That the putative father is the father of the child and is fit and willing to assume the responsibilities of a father, it shall have the power:

(A)

Upon the request of the putative father, to declare his paternity and to certify the fact of paternity in the manner provided in ORS 109.094 (Rights of parent when parentage established); and

(B)

To award custody of the child to either parent as may be in the best interests of the child, or to take any other action which the court may take if the parents are or were married to each other.

(b)

That the putative father is not the father of the child, it may grant the relief sought in the proceeding without the putative father’s consent.

(c)

That the putative father is the natural father of the child but is not fit or willing to assume the responsibilities of a father, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the best interests of the child, notwithstanding the father’s objection.

(3)

If a putative father of a child is given the notice of a proceeding required by ORS 109.096 (Notice to putative father when parentage not established) and he fails to enter due appearance and to object to the relief sought therein within the time specified in the notice, the court may grant the relief sought without the putative father’s consent. [1975 c.640 §8; 1995 c.90 §2; 2005 c.160 §6; 2017 c.651 §21; 2021 c.398 §45]

Notes of Decisions

Putative father otherwise qualifying for notice is not barred from objecting due to failure to qualify under notice to Vital Statistics Unit provision. Vanlue v. Collins, 98 Or App 140, 779 P2d 163 (1989), Sup Ct review denied, as modified by 99 Or App 469, 782 P2d 951 (1989); Hiskey v. Hamilton, 111 Or App 39, 824 P2d 1170 (1992), Sup Ct review denied

Source

Last accessed
May 30, 2023

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