(1)(a) Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child: (A) The parent who gave or will give birth to the child, unless a court has adjudicated that persons nonparentage of the child; (B) The duly appointed and acting guardian of the child, conservator of the childs 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; (D) The childs alleged genetic parent; (E) The child; (F) The childs presumed parent or acknowledged parent; or (G) The childs intended parent if the child was conceived by assisted reproduction, other than under a gestational surrogacy agreement. (b) If the parent who gave or will give birth to the child is married to and cohabiting with the childs presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B), the proceeding may be initiated only: (A) By the parent who gave or will give birth to the child or the childs presumed parent or acknowledged parent; or (B) With the consent of both the parent who gave or will give birth to the child and the childs presumed parent or acknowledged parent. (c) If the proceeding is commenced to challenge an acknowledgment of parentage, the proceeding may be initiated only by those persons with standing under ORS 109.070 (6) to challenge a voluntary acknowledgment of parentage. (d) If the proceeding is commenced to adjudicate the parentage of an intended parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, the proceeding may be commenced only by those persons with standing under ORS 109.206 to commence a proceeding to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement. (2)(a) Unless the child initiates the proceeding, the proceeding must be initiated before the child attains 18 years of age. (b) If the child has a presumed parent, a proceeding initiated under ORS 109.124 to 109.171 is subject to ORS 109.067, 109.213 and ORS 109.326, as applicable. (c) If the child has an acknowledged parent, a proceeding initiated under ORS 109.124 to 109.171 is subject to ORS 109.070. (3) The proceeding shall be initiated by the filing of a duly verified petition of the initiating party. The petition must contain: (a) If the initiating party is one of those specified in subsection (1)(a)(A), (B), (C), (E), (F) or (G) of this section: (A) The name of the parent who gave or will give birth to the child; (B) The name of the childs presumed parent, alleged genetic parent or intended parent, if any; (C) Facts showing the petitioners status to initiate proceedings; (D) A statement that a respondent is: (i) The childs alleged genetic parent, presumed parent or intended parent; or (ii) The parent who gave or will give birth to the child; (E) The probable time or period of time during which conception took place or, if the child was conceived by assisted reproduction, the date of the transfer resulting in the childs conception; and (F) A statement of the specific relief sought. (b) If the initiating party is the childs alleged genetic parent: (A) The name of the parent who gave or will give birth to the child or, if the child is alleged under ORS 109.238 (3) to be the genetic child of the person who gave birth to the child, the name of the person who gave birth to the child; (B) The name of the childs presumed parent, if any; (C) A statement that the initiating party: (i) Is the childs genetic parent; (ii) If the child was conceived by assisted reproduction, is not a donor; and (iii) Accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that the initiating party would have responsibility for if the initiating party was married to the parent who gave or will give birth to the child; (D) The probable time or period of time during which conception took place or, if the child was conceived by assisted reproduction, the date of the transfer resulting in the childs conception; and (E) A statement of the specific relief sought. (4) The following individuals are necessary parties to proceedings initiated under this section: (a) An individual whose parentage of the child has been established under ORS 109.065; (b) The person who gave birth to the child, if the child is alleged to be the genetic child of the person under ORS 109.238 (3); and (c) The state, the parent who gave or will give birth to the child and the childs alleged genetic parent if proceedings are initiated by the administrator, as defined in ORS 25.010. (5) When a proceeding is initiated under this section, the petitioner shall serve a true copy of the petition by first class mail or personal delivery on: (a) The person who gave birth to the child if the child is alleged to be the genetic child of the person under ORS 109.238 (3); (b) Each individual whose parentage of the child has been established under ORS 109.065; (c) The individual whose parentage of the child is to be adjudicated; and (d) If the child support rights of one of the parties or of the child at issue have been assigned to the state, 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. (6) Notwithstanding subsection (4) or (5) of this section, an individual whose parentage has been disestablished or declared not to exist or whose nonparentage of the child has been adjudicated before the proceedings are initiated is not a necessary party to the proceedings and is not entitled to notice of the proceedings. (7) An individual entitled to notice under subsection (5) of this section has a right to intervene in the proceeding.
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