Legal Question in Family Law in Oregon

Where father resides is of no consequence. What controls is the state in which the child was born. ASSUMING the child was born in Oregon, the child's office birth certificate was issued by the Oregon Center for Health Statistrics, otherwise known as Oregon Vital Records.

When a child born to an unmarried woman,no name of father is placed on the birth certificate until and unless "legal paternity" is established through one of the methods prescribed by law for doing. There are two primary methods for doing this. The first is voluntary; the second is involuntary.

First, at any time after the child is born, both parents may sign a notarized Voluntary Acknowledgment of Paternity affidavit form and file it with Oregon Vital Records. When this procedure is following, it results in the establishment of legal paternity and Vital Records will then issue a new birth certificate that will contain the name of the child's father. A $50 fee is charged for filing a Voluntary Acknowledgment of Paternity affidavit and creating a new birth certificate. The fee includes the cost of a new certified copy of the birth certificate with the father's name listed. To request a Voluntary Acknowledgment of Paternity affidavit, your need to call 971-673-1155 (located in Portland).

Second, if the mother will not join with the father in signing and filing a Voluntary Acknowledgment of Paternity affidavit, the father may file a paternity establishment lawsuit with the court of the county in which the mother or the child resides. Usually, this is done with the assistance of a lawyer. At the end of the process (assuming paternity is proven by the evidence offered to the court, ususally involving DNA test resuts), the judge will render a court order ("judgment") declaring the male party as beng the child's father. A certified copy of the court's judgment is then filed with Oregon Vital Records, which will issue a new birth certificate that will contain the name of the child's father. A $50 fee is charged for filing the certified copy of the court judment and creating a new birth certificate.

And that is how it is done.

Satisfied with this answer? If so, and if you are so inclined, you may send a check for $50 to the lawyer named below. This is NOT an obligation; merely a suggestion. Thank you.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]