Who The Parent Is On Paper
ORS 109.067 and ORS 109.070 — the marital presumption, and an acknowledgment that can be rescinded within 60 days
Both sections change on January 1, 2027. The two sections this page reads are in force until January 1, 2027, when amended versions already enacted take their place. What follows is the text in force until then.
The marital presumption. Unless the child was conceived under a gestational surrogacy agreement, a person married to the parent who gave birth at the time of the birth is presumed to be the child's parent, and so is a former spouse if the child is born within 300 days after the marriage ended. The presumption can be challenged only before the child turns 18, and generally not after the child turns four, unless an exception applies.
Acknowledgment. The parent who gave birth and the child's alleged genetic parent may establish parentage by filing a voluntary acknowledgment of parentage with the State Registrar. Once effective and not rescinded or set aside, it is equivalent to a court's adjudication of parentage.
60 days to rescind. A party may rescind the acknowledgment by filing a signed, notarized rescission with the state registrar within 60 days after it becomes effective, or by the first hearing in a proceeding about the child in which that party is a party, whichever is earlier. After that, it can be set aside in circuit court only for fraud, duress or a material mistake of fact.
Genetic testing, assisted reproduction, surrogacy and court proceedings to adjudicate parentage are in sections not reproduced here. Whether parentage can be changed in a particular case is a question for a licensed Oregon attorney.
Sources for this section (2)
- ORS 109.067 — Presumption of parentage
- ORS 109.070 — Voluntary acknowledgment of parentage
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.