What are my rights to establish paternity in Oregon?

Full question:

I had an affair with a woman who was married at the time. During this time she had separated and then went back for couple of weeks to see if she could make it work. In the mean time, she became pregnant and she states the baby belongs to the now ex-husband, but the baby doesn't look anything like the ex-husband or the other children. Now that we are no longer together, all of a sudden she decided she wanted a test from me to find out if the baby was mine, but she didn't do the test with all of us in one room, she said she would do the baby once she got home. The test came back and stated I wasn't the father, but I'm doubting her and thinking she would have tested her other child to prove it wasn't mine. Can you tell me if I have any rights to have a court order test done to determine who the baby belongs to. She is not seeking child support from the ex-husband, so the ex-husband has no reason to dispute.

• Category: Paternity
• Date: 04/07/2025
• State: Oregon

Answer:

In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.

A man is rebuttably presumed to be the father of a child born to a woman if he and the woman were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation. However, this may be rebutted by clear and convincing evidence, such as genetic testing, in a paternity action by a man claiming to be the biological father.

A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.

Termination of parental rights is a court order that severs the rights, powers, privileges, immunities, duties and obligations between a parent and child. A termination of parental rights may be voluntary or involuntary. Even if the statutory grounds for termination of parental rights are established, the court need not terminate parental rights if such action is not in the child’s best interests. Such a decision may be made based upon, among other factors, abandonment by a parent, child abuse, unfitness of a parent, and other injuries to a child. The parent whose rights are sought to be terminated has certain due process rights, such as proper notice and a hearing. After the termination of parental rights, the child is placed with someone other than the parent whose rights are terminated, such as the other parent or a foster home. A parent whose rights are terminated is generally relieved of the obligation to pay child support, however, courts are reluctant to allow parents to avoid their child support obligations by waiving all parental rights to their children. Some courts disallow a parent to terminate parental rights in order to avoid child support payments.