ORS 109.148 Parentage of child conceived by rape

As used in this section, “rape” means the commission of an act constituting rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction.

A court with jurisdiction to adjudicate a child’s parentage may adjudicate an individual’s nonparentage of the child as provided in this section if:

The parent who gave birth to the child petitions the court for an adjudication of nonparentage;

The parent who gave birth to the child alleges that the child was conceived in the course of an act committed by the individual constituting rape; and

The court finds that the child was conceived as a result of an act that led to the individual’s conviction for rape; or

If the individual has not been convicted for rape, the court determines by clear and convincing evidence that the child was conceived as a result of an act constituting rape that was committed by the individual when the individual was at least 18 years of age.

The court may not adjudicate an individual’s nonparentage of a child under this section if:

The court determines by clear and convincing evidence that the individual is less than three years older than the parent who gave birth to the child and the child was conceived as a result of an act constituting third degree rape as defined in ORS 163.355 or second degree rape as defined in ORS 163.365, or comparable law of another jurisdiction;

The individual is an adjudicated parent of the child; or

The court finds, by clear and convincing evidence, that after the birth of the child, the individual established a bonded and dependent relationship with the child that is parental in nature.

If the court adjudicates an individual’s nonparentage of a child under this section, the court shall:

Require the State Registrar for the Center for Health Statistics to amend the record of live birth if requested by the parent who gave birth to the child and if the court determines that the amendment is in the child’s best interests, taking into consideration the factors described in ORS 109.151; and

Require the individual to pay child support during the child’s minority and while the child is a child attending school the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care and expenses attendant with the birth and postnatal care unless, at the request of the parent who gave birth to the child, the court determines that requiring the individual to pay such amounts is not in the child’s best interests, taking into consideration the factors described in ORS 109.151.