(1) Except as provided in subsection (9) of this section, no later than one year after an order establishing parentage is entered under ORS 25.529 and if genetic testing has not been completed, a party may apply to the administrator to have the issue of parentage reopened and for an order for genetic testing. (2) No later than one year after a voluntary acknowledgment of parentage is filed in this state and if genetic testing has not been completed, a party to the acknowledgment, or the Department of Human Services if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for services under ORS 25.080 and for an order for genetic testing. (3) Upon receipt of a timely application, the administrator shall order: (a) The parent who gave birth to the child and the individual whose parentage is being determined to submit to genetic testing; and (b) The person having physical custody of the child to submit the child to genetic testing. (4) If a party refuses to comply with an order under subsection (3) of this section, the issue of parentage shall, upon the motion of the administrator, be resolved against that party by an order of the court either affirming or setting aside: (a) The order establishing parentage; or (b) The voluntary acknowledgment of parentage. (5) If the results of the genetic testing exclude as the genetic parent of the child the individual whose parentage is to be determined, the administrator may file a motion with the court: (a) For an order setting aside: (A) The order establishing parentage; or (B) The voluntary acknowledgment of parentage; and (b) For a judgment of nonparentage. (6) Support paid before the entry of an order described in subsection (5) of this section may not be returned to the payer. (7) The administrator shall send a court-certified true copy of a judgment of nonparentage to the State Registrar of the Center for Health Statistics. Upon receipt of the judgment, the state registrar shall correct any records maintained by the state registrar that indicate that the individual is the parent of the child. (8) The Oregon Child Support Program shall pay any state registrar fees and any costs for genetic testing ordered under this section, subject to recovery from the party who requested the tests. (9) The administrator may not reopen the issue of parentage and order genetic testing under this section if the voluntary acknowledgment of parentage established parentage as provided in ORS 109.070 (1)(a)(B), the parties to the acknowledgment are married at the time of the application and the application is made by the Department of Human Services, unless both parties to the acknowledgment consent to the application. [Formerly 416.443; 2025 c.99 74; 2025 c.592 97] Note: The amendments to 25.554 by section 98, 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. 25.554. (1) Except as provided in subsection (9) of this section, no later than one year after an order establishing parentage is entered under ORS 25.529 and if genetic testing has not been completed, a party may apply to the administrator to have the issue of parentage reopened and for an order for genetic testing. (2) No later than one year after a voluntary acknowledgment of parentage or denial of parentage is filed in this state and if genetic testing has not been completed, a party to the acknowledgment or denial, or the Department of Human Services if the child named in the acknowledgment or denial is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for services under ORS 25.080 and for an order for genetic testing. (3) Upon receipt of a timely application, the administrator shall order: (a) The parent who gave birth to the child and the individual whose parentage is being determined to submit to genetic testing; and (b) The person having physical custody of the child to submit the child to genetic testing. (4) If a party refuses to comply with an order under subsection (3) of this section, the issue of parentage shall, upon the motion of the administrator, be resolved against that party by an order of the court either affirming or setting aside: (a) The order establishing parentage; (b) The voluntary acknowledgment of parentage and, if applicable, denial of parentage; or (c) The denial of parentage and associated voluntary acknowledgment of parentage. (5) If the results of the genetic testing exclude as the genetic parent of the child the individual whose parentage is to be determined, the administrator may file a motion with the court: (a) For an order setting aside: (A) The order establishing parentage; (B) The voluntary acknowledgment of parentage and, if applicable, denial of parentage; or (C) The denial of parentage and associated voluntary acknowledgment of parentage; and (b) For a judgment of nonparentage. (6) Support paid before the entry of an order described in subsection (5) of this section may not be returned to the payer. (7) The administrator shall send a court-certified true copy of a judgment of nonparentage to the State Registrar of the Center for Health Statistics. Upon receipt of the judgment, the state registrar shall correct any records maintained by the state registrar that indicate that the individual is the parent of the child. (8) The Oregon Child Support Program shall pay any state registrar fees and any costs for genetic testing ordered under this section, subject to recovery from the party who requested the tests. (9) The administrator may not reopen the issue of parentage and order genetic testing under this section if: (a) The voluntary acknowledgment of parentage form was signed by an intended parent of a child conceived by assisted reproduction or by a presumed parent; or (b) The voluntary acknowledgment of parentage established parentage as provided in ORS 109.070 (1)(a)(B), the parties to the acknowledgment are married at the time of the application and the application is made by the Department of Human Services, unless both parties to the acknowledgment consent to the application. (Expeditious Court Hearings)
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