Chapter 419B — Juvenile Code: Dependency

ORS 419B.609 Acknowledgment or establishment of parentage

(1)

A man’s parentage of an Indian child is acknowledged or established for purposes of ORS 109.266 to 109.410 and 419B.600 to 419B.654 and ORS chapter 419B if the man’s parentage has been:

(a)

Established under ORS 109.065;

(b)

Established under tribal law;

(c)

Recognized in accordance with tribal custom; or

(d)

Subject to subsection (2) of this section, acknowledged orally or in writing by the man to the court, to the Department of Human Services or to an Oregon licensed adoption agency.

(2)(a)

If a man acknowledges paternity of an Indian child as provided in subsection

(1)(d)

of this section, the department or the

adoption agency must notify the court of the man’s acknowledgment immediately or, if a matter is not yet pending in this state, immediately upon filing a petition or being served with a copy of a petition alleging that the child is within the jurisdiction of the court under ORS 109.276 or 419B.100.

(b)

No later than 30 days after receiving the man’s oral or written acknowledgment under subsection (1)(d) of this section or receiving notice under paragraph (a) of this subsection of the man’s acknowledgment, the court shall order blood tests, subject to the provisions of ORS 109.252.

(c)

If any person fails to comply with the court’s order for blood tests within a reasonable amount of time, the court shall consider the person to have refused to submit to the test for the purposes of ORS 109.252.

(d)

If the blood tests ordered under paragraph

(b)

of this subsection do not confirm the man’s paternity as provided in ORS 109.258, or if the man has refused to consent to the blood tests, the man’s parentage has not been acknowledged or established for purposes of subsection (1) of this section.

Note: See note under 419B.600.