Parent and Child Rights and Relationships

ORS 109.252
Authority for blood test

  • effect of refusal to submit to test
  • payment for test

(1)

Unless the court or administrator finds good cause not to proceed in a proceeding under ORS 25.501 (Definitions for ORS 25) to 25.556 (Expeditious court hearings), 109.124 (Definitions for ORS 109) to 109.230 (Legality of contract between mother and father of child born out of wedlock) or 419B.609 (Acknowledgment or establishment of parentage), in which parentage is a relevant fact, the court or administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), upon the court’s or administrator’s own initiative or upon suggestion made by or on behalf of any person whose blood is involved may, or upon motion of any party to the action made at a time so as not to delay the proceedings unduly shall, order the mother, child, alleged father and any other named respondent who may be the father to submit to blood tests. If any person refuses to submit to such tests, the court or administrator may resolve the question of parentage against such person or enforce the court’s or administrator’s order if the rights of others and the interests of justice so require.

(2)

When child support enforcement services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services), the Child Support Program shall pay any costs for blood tests subject to recovery from the party who requested the tests. If the original test result is contested prior to the entry of an order establishing parentage, the court or administrator shall order additional testing upon request and advance payment by the party making the request. [1953 c.628 §1; 1969 c.619 §13; 1983 c.762 §7; 1985 c.671 §43; 1999 c.80 §25; 2001 c.455 §18; 2007 c.71 §28; 2017 c.651 §27; 2021 c.398 §42]

Notes of Decisions

Refusal to take blood test requires both failure to take test and unwillingness to comply. State ex rel Fox v. Hicks, 69 Or App 348, 686 P2d 431 (1984)

Denial of blood grouping evidence to putative father on basis of indigency denies due process of law. State ex rel Fox v. Hicks, 69 Or App 348, 686 P2d 431 (1984)

Source

Last accessed
May 30, 2023

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