Parent and Child Rights and Relationships

ORS 109.125
Who may initiate proceedings

  • petition
  • parties


(1)

Any of the following may initiate proceedings under this section:

(a)

A mother of a child born out of wedlock or a woman pregnant with a child who may be born out of wedlock;

(b)

The duly appointed and acting guardian of the child, conservator of the child’s estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child;

(c)

The administrator, as defined in ORS 25.010 (Definitions for support enforcement laws);

(d)

A man claiming to be the father of a child born out of wedlock or of an unborn child who may be born out of wedlock; or

(e)

The minor child by a guardian ad litem.

(2)

Proceedings shall be initiated by the filing of a duly verified petition of the initiating party. The petition shall contain:

(a)

If the initiating party is one of those specified in subsection (1)(a), (b), (c) or (e) of this section:

(A)

The name of the mother of the child born out of wedlock or the person pregnant with a child who may be born out of wedlock;

(B)

The name of the mother’s spouse if the child is alleged to be a child born to a married person and a man other than the mother’s spouse;

(C)

Facts showing the petitioner’s status to initiate proceedings;

(D)

A statement that a respondent is the father;

(E)

The probable time or period of time during which conception took place; and

(F)

A statement of the specific relief sought.

(b)

If the initiating party is a man specified in subsection (1)(d) of this section:

(A)

The name of the mother of the child born out of wedlock or the person pregnant with a child who may be born out of wedlock;

(B)

The name of the mother’s spouse if the child is alleged to be a child born to a married and a man other than the mother’s spouse;

(C)

A statement that the initiating party is the father of the child and accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that he would have if the child were born to him in lawful wedlock;

(D)

The probable time or period of time during which conception took place; and

(E)

A statement of the specific relief sought.

(3)

When proceedings are initiated by the administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), the state and the child’s mother and putative father are parties.

(4)

When a proceeding is initiated under this section and the child support rights of one of the parties or of the child at issue have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed.

(5)

A person whose parentage of a child has been established under ORS 109.065 (Establishing parentage) is a necessary party to proceedings initiated under this section unless the parentage has been disestablished before the proceedings are initiated. [1969 c.619 §1; 1971 c.191 §1; 1971 c.401 §3; 1971 c.779 §79; 1973 c.823 §105; 1975 c.458 §15a; 1975 c.640 §4a; 1979 c.90 §3; 1979 c.246 §5; 1983 c.762 §2; 1993 c.596 §21; 2001 c.334 §6; 2003 c.73 §56; 2007 c.454 §4; 2017 c.651 §52]

Notes of Decisions

A mother who enters into a contract described in ORS 109.230 does so with respect only to damages that are personal to her and is not prevented from proceedings under this section for benefit of the child. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Mother who was married at time of child's birth, but contending husband was not father, was not mother of "child born out of wedlock." Fox v. Hohenshelt, 275 Or 91, 549 P2d 1117 (1976)

State, after having adequately alleged its standing to commence filiation proceeding, was required to prove at filiation trial that it was furnishing support to mother for benefit of child or assistance of any kind because of birth or impending birth of child. State ex rel AFSD v. Gilliland, 54 Or App 283, 634 P2d 820 (1981)

Due process does not require appointment of attorney for alleged father. State ex rel Adult & Fam. Serv. v. Stoutt, 57 Or App 303, 644 P2d 1132 (1982), Sup Ct review denied

Mother of child born out of wedlock may initiate filiation proceeding regardless of whether child is minor. Norton v. MacDonald, 194 Or App 174, 93 P3d 804 (2004)

§§ 109.125 to 109.230

Notes of Decisions

Contract enforceable under ORS 109.230 provides additional grounds for enforcing support obligation, but cannot negate obligation of support. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Uniform Child Custody Jurisdiction Act does not apply to paternity action because paternity action is not custody determination. State ex rel Baldwin v. Hale, 86 Or App 361, 738 P2d 1016 (1987)

Chapter 109

Law Review Citations

12 WLJ 569-589 (1976)


Source

Last accessed
Jun. 26, 2021