ESTABLISHMENT OF PATERNITY

ESTABLISHMENT OF PARENTAGE

04/87 Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 09/30/25

Introduction

Occasionally an alleged father will apply for services for the purpose of establishing himself as the legal father of a child. ORS/CSS will not provide parentage establishment services for an alleged father applicant unless:

· The alleged father has physical custody of the child(ren) according to a Department of Workforce Services (DWS) finding that he is eligible for assistance/Medicaid with the child(ren); or,

· A court order supports the alleged father pursuing parentage establishment (i.e. a Juvenile Court order requires genetic testing or parentage establishment) or provides legal rights to the alleged father (such as custody or guardianship).

NOTE: CIC cases where parentage for a child in custody is being pursued against an alleged father based only upon the declaration of the mother (not due to a court order or physical custody) do not fall into this category because the alleged father is not the applicant for services.

If an alleged father applies for services, refer to the procedures below.

Forms Overview

1. Declaration of Affiliation. This letter is available as a pre-print form (for either the mother or alleged father to complete) or through ORS Forms with options to select depending on if the mother or alleged father is completing the form. You may include this declaration in a Notice of Agency Action: Parentage and Child Support packet as part of an action to establish parentage and a support order for both parents.

2. Genetic Test Appointment, Alleged Father and Child. Use this letter to notify an alleged father of his and the child(ren)’s genetic test appointment when the alleged father is responsible for bringing the child(ren) to the same appointment.

3. Genetic Test Appointment, Mother – Alleged Father Has Child. Use this letter to notify the mother of her genetic test appointment when the mother is not responsible for bringing the children to the same appointment.

4. Genetic Test Appointment, Mother – Alleged Father. Use this letter to notify a mother of hers and the child(ren)’s genetic test appointment when the mother is responsible for bringing the child(ren) to the same appointment.

5. Genetic Test Appointment, Alleged Father. Use this letter to notify an alleged father of his genetic test appointment when the alleged father is not responsible for bringing the children to the same appointment.

6. Declaration in Support of Establishing Parentage. This form is the parentage declaration that is used when a two-state UIFSA action is required to establish parentage. This form should be used instead of the Affidavit of Affiliation on incoming interstate cases.

Application Received from an Alleged Father

When a new application is received from an alleged father and a case must be initiated in ORSIS, complete the following steps:

· Review the application and any supporting documents that have been imaged in Content Manager. The alleged father must provide enough information about the participants that a case can be opened on ORSIS. For more information on what is considered sufficient information, refer to CS 101P Opening a CSS Case, Procedures.

· Check ORSIS for any cases related to the child(ren) and the alleged father.

1. Case exists and is open: No other action is needed to open the case on ORSIS. Narrate that an application has been received from the alleged father;

2. Case exists but is closed: The existing case may need to be reinstated. For more instructions on whether it is appropriate to reinstate a closed case, refer to CS 105P Reinstating Closed CSS Cases; or,

3. No case exists: Case will need to be opened if enough information was provided on the application. For more instructions on opening a case in ORSIS, refer to CS 101P Opening a CSS Case, Procedures.

Procedures when Alleged Father does not have the Child

If the alleged father applicant does not have physical custody of the child as described above, Intake will notify him that he must provide a court order which allows or requires him to pursue parentage establishment, or provides him some form of legal rights in regards to the child.

If he provides a court order, the case can be referred to pre-order. Pre-order will refer the case to the AGO for judicial establishment. Do not use the administrative process to establish parentage for an alleged father applicant who does not have physical custody of the child(ren), even if the action is supported by a court order.

If he does not provide a court order, prepare the case for closure.

Procedures when Alleged Father has the Child

The process for establishing parentage and a child support order when the alleged father is the applicant is very similar to the process described in similar policies. Below are a few additional guidelines to follow.

1. Ask the applicant/alleged father to complete the “Declaration of Affiliation” indicating that to the best of his knowledge, he is the biological father of the child(ren).

2. Prepare the appropriate Notice of Agency Action: Paternity and Child support as directed in CS 305P Parentage: Adjudicated, Presumed and Declarant Fathers. If both parents are willing to submit to genetic testing, you may schedule genetic tests prior to serving the NAA. Select the appropriate letters from those listed above to notify the parties of their genetic test appointments depending on which party has the child and can bring the child to the test appointment. If you do not schedule tests prior to the NAA, include a test appointment for each party with the NAA.

3. Serve the NAA on each party. The alleged father must be served personally. The mother can be served by certified mail.

4. If the mother names other alleged fathers refer to CS 308P Multiple Consorts for instructions.

5. If both parents are willing to sign an administrative stipulation of parentage and child support but decline genetic testing, inform them that not submitting to genetic testing means they will waive the right to future tests arranged and paid for by CSS (refer to CS 315P Voluntary Declaration of Paternity by Parents for additional information).

NOTE: If the mother has not been involved in the parentage process (e.g. she is deceased or unlocated), do not establish an administrative stipulation for parentage and child support order with only the alleged father’s cooperation without the results of a genetic test as supporting evidence.

6. Genetic tests: It is preferable to have all parties participate in genetic testing, if possible; however, if all parties will not participate, take the following steps:

a. If the mother will not cooperate in the process, you may proceed with genetic testing of the alleged father and the child only (dyad testing) after consulting with your manager, ARD or RD and receiving the appropriate approval per policy. The results of dyad testing are as conclusive as those obtained from three person (triad) testing. In this situation, do not establish an administrative parentage order with only the alleged father’s cooperation without the results of a genetic test as supporting evidence.

b. If the alleged father will not cooperate with dyad testing, pursue a non-cooperation sanction (refer to CS 059P Applicant/Recipient Cooperation – General Information, Forms, and Specified Relative) or prepare the case for closure, as appropriate.

7. If the alleged father is not excluded by genetic testing, establish a two-parent order using the procedures described in the Establish Order and Parentage sections of policy.

8. If the mother contacts CSS during the administrative order establishment process to contest parentage establishment, or if extenuating case circumstances indicate that administrative establishment would not be appropriate, dismiss the administrative notice and refer the case to the Attorney General Office (AGO) for judicial parentage establishment.

Procedures – Parentage Already Established for A Different Father

After parentage has been legally established for a child, if a third party alleges that he is the biological father or otherwise wants to challenge the established parentage, it will be up to the third party to pursue his own action in court. This applies to any method of legal parentage establishment, a “Voluntary Declarations of Paternity,” administrative orders and judicial orders. Notify the third party/applicant and close the case.