Legal Question in Family Law in Oregon

Paternity - statute of limitations....

YOUR POST:

A kentucky lawyer told me that there was a three year rule in kentucky, if no paternity was established within this time period, than no claim could be made thereafter.

Does Oregon have the same law, and if so, does it start from the birth of the child or the date of conception?

ANSWER:

What the Kentucky lawyer told you is incorrect. As a result of certain "federal mandates," every state in the nation (including Kentucky) now has adopted "Procedures that permit the establishment of the paternity of a child at any time before the child attains 18 years of age." This is the result of the �Personal Responsibility and Work Opportunities Reconciliation Act of 1996,� Pub L No 104-193, signed by the President on August 22, 1996.

As for Oregon, we used to have a 10-year limitation statute on paternity establishment, meaning the lawsuit to establish paternity for a child born out-of-wedlock had to be commenced not later than 10 years after the child was born.

However, because of the "federal mandate," the Oregon legislature repealed the 10-year limitation statute in 1997. As it now stands, there is no Oregon law limiting the time for commencing a lawsuit to establish paternity of a child born out-of-wedlock.

LDG

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

http://www.divorcesource.com/OR/pages/ldgorin.html

E-mail: [email protected]