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Either parent may obtain a court judgment to establish paternity by hiring an attorney and petitioning a court. If one parent objects, the court may require genetic parentage tests before issuing a judgment. The court may also consider other factors including what is in the best interests of the child.
The mother may begin to establish paternity by filing a petition to establish paternity. The alleged father must respond within 30 days of being served with the petition, or he will be automatically declared the father.
In cases in which a court order or judgment established paternity, there is a one-year statute of limitations in place to vacate the order on the grounds of mistake, inadvertence, surprise, or excusable neglect.
Benefits to the Parents and Child Oregon law holds each legal parent accountable for certain responsibilities related to the child, and it also grants parents certain rights. The legal father retains rights in determining the child custody, visitation, and support obligations.
Both parents of the child can go to DHEC Vital Records or any DHEC county health department to complete the form. Both parents are also required to show a valid, government-issued photo ID and provide their Social Security number, if they have one. There will be a fee to complete the form after you leave the hospital.
If a child is born during marriage, the husband is presumed to be the father. (This presumption can be challenged.) If a child is born within 300 days of the termination of a marriage by death, annulment, divorce, or legal separation, the husband is rebuttably presumed to be the father.
If the tested father is not the child's biological father, the results will be exclusion of paternity. The probability of paternity in this case would be 0% and the Statement of Results on the report will read ?The alleged father is excluded as the biological father of the tested child.