ORS 419B.395
Judgment of parentage or nonparentage
(1)
If in any proceeding under ORS 419B.100 (Jurisdiction) or 419B.500 (Termination of parental rights generally) the juvenile court determines that the child or ward has fewer than two legal parents or that parentage is disputed as allowed in ORS 109.070 (Presumption of parentage), the court may enter a judgment of parentage or a judgment of nonparentage in compliance with the provisions of ORS 109.065 (Establishing parentage), 109.070 (Presumption of parentage), 109.124 (Definitions for ORS 109.124 to 109.230) to 109.230 (Legality of contract between mother and father of child born out of wedlock), 109.250 (Short title) to 109.262 (Uniformity of interpretation), 109.326 (Consent when spouse not parent) and 419B.609 (Acknowledgment or establishment of parentage).(2)
Before entering a judgment under subsection (1) of this section, the court shall:(a)
Determine that the inquiry requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2), to determine whether the child is an Indian child, have been satisfied;(b)
Make a finding regarding whether the child is an Indian child, subject to the procedures under ORS 419B.636 (Inquiry to determine whether child is Indian child) (4); and(c)
Find that adequate notice and an opportunity to be heard was provided to:(A)
The parties to the proceeding;(B)
The person alleged or claiming to be the child or ward’s parent;(C)
The Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services to the county in which the court is located; and(D)
If the child is an Indian child, the child’s Indian custodian and tribe, together with the notice of proceeding in the form required under ORS 419B.639 (Notice to tribe in emergency proceeding) (2).(3)
When appropriate, the court shall inform a person before the court claiming to be the parent of a child or ward that parentage establishment services may be available through the administrator if the child or ward:(a)
Is a child born out of wedlock;(b)
Has not been placed for adoption; and(c)
Has fewer than two legal parents.(4)
As used in this section:(a)
“Administrator” has the meaning given that term in ORS 25.010 (Definitions for support enforcement laws).(b)
“Child born out of wedlock” has the meaning given that term in ORS 109.124 (Definitions for ORS 109.124 to 109.230).(c)
“Legal parent” has the meaning given that term in ORS 419A.004 (Definitions). [2005 c.160 §8; 2015 c.254 §10; 2015 c.795 §3; 2017 c.651 §42; 2021 c.398 §46; 2021 c.489 §60]
Source:
Section 419B.395 — Judgment of parentage or nonparentage, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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