(1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: (a) The individual is married to the parent who gave birth to the child at the time of the childs birth, without a judgment of separation, regardless of whether the marriage is void; or (b) The individual was married to the parent who gave birth to the child and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation. (2) The parentage of a child that is established under subsection (1)(a) of this section may be challenged by the parent who gave birth to the child or by the childs presumed parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the childs presumed parent are cohabiting, unless the parent who gave birth to the child and the childs presumed parent both consent to the challenge. (3)(a) An action or proceeding to challenge parentage of a child established under this section must be initiated before the child attains 18 years of age unless the child initiates the action or proceeding. (b) If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption. (c) A presumption of parentage cannot be rebutted after the child attains four years of age unless the court determines: (A) The presumed parent is not a genetic parent, never resided with the child and never held the child out as the presumed parents child; (B) The child has more than one presumed parent; or (C) The presumption arose due to fraud, duress or a material mistake of fact. (d) The four-year statute of limitation under paragraph (c) of this subsection does not apply if the presumed parents parentage of the child is being challenged: (A) Under ORS 109.148 based on the presumed parent having committed an act constituting rape, as defined in ORS 109.148, that resulted in the childs conception; or (B) Under ORS 109.213 (2), if the child was conceived by assisted reproduction, other than under a surrogacy agreement. (4) Except as provided in ORS 109.148 or 109.213, if the parent who gave birth to a child is the only other person with a claim to parentage of the child in a proceeding to adjudicate a presumed parents parentage of the child, the court shall: (a) Adjudicate the presumed parent to be a parent of the child if: (A) No party to the proceeding challenges the presumed parents parentage of the child; or (B) The presumed parent is identified under ORS 109.191 as a genetic parent of the child and that identification is not successfully challenged under ORS 109.191; or (b) Adjudicate the parentage of the child in the best interests of the child based on the factors under ORS 109.151 if: (A) The presumed parent is not identified under ORS 109.191 as a genetic parent of the child and the presumed parent or the parent who gave birth to the child challenges the presumed parents parentage of the child; or (B) If another person, other than the presumed parent or the parent who gave birth to the child, asserts a claim to parentage of the child. (5) The court may enter a judgment under this section before the childs birth but shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the childs birth. Note: The amendments to 109.067 by section 7, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the users convenience. 109.067. (1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: (a) The individual is married to the parent who gave birth to the child at the time of the childs birth, without a judgment of separation, regardless of whether the marriage is void; (b) The individual was married to the parent who gave birth to the child and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation; or (c) The individual is not married to the parent who gave birth to the child at the time of the childs birth but the individual and the parent who gave birth intend to be married and the individual agrees to be and is named as a parent of the child on the childs record of live birth. (2) The parentage of a child that is established under subsection (1)(a) of this section may be challenged by the parent who gave birth to the child or by the childs presumed parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the childs presumed parent are cohabiting, unless the parent who gave birth to the child and the childs presumed parent both consent to the challenge. (3)(a) An action or proceeding to challenge parentage of a child established under this section must be initiated before the child attains 18 years of age unless the child initiates the action or proceeding. (b) If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption. (c) A presumption of parentage cannot be rebutted after the child attains four years of age unless the court determines: (A) The presumed parent is not a genetic parent, never resided with the child and never held the child out as the presumed parents child; (B) The child has more than one presumed parent; (C) The presumption arose under subsection (1)(c) of this section but the presumed parent did not marry the person who gave birth to the child; or (D) The presumption arose due to fraud, duress or a material mistake of fact. (d) The four-year statute of limitation under paragraph (c) of this subsection does not apply if the presumed parents parentage of the child is being challenged: (A) Under ORS 109.148 based on the presumed parent having committed an act constituting rape, as defined in ORS 109.148, that resulted in the childs conception; or (B) Under ORS 109.213 (2), if the child was conceived by assisted reproduction, other than under a surrogacy agreement. (4) Except as provided in ORS 109.148 or 109.213, if the parent who gave birth to a child is the only other person with a claim to parentage of the child in a proceeding to adjudicate a presumed parents parentage of the child, the court shall: (a) Adjudicate the presumed parent to be a parent of the child if: (A) No party to the proceeding challenges the presumed parents parentage of the child; or (B) The presumed parent is identified under ORS 109.191 as a genetic parent of the child and that identification is not successfully challenged under ORS 109.191; or (b) Adjudicate the parentage of the child in the best interests of the child based on the factors under ORS 109.151 if: (A) The presumed parent is not identified under ORS 109.191 as a genetic parent of the child and the presumed parent or the parent who gave birth to the child challenges the presumed parents parentage of the child; or (B) If another person, other than the presumed parent or the parent who gave birth to the child, asserts a claim to parentage of the child. (5) The court may enter a judgment under this section before the childs birth but shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the childs birth.
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