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§10-70.
§10-70.
A. Except as otherwise provided by law, a woman who gives birth to a
child is the natural mother of the child.
B. Paternity may be established by:
1. A notarized written statement of the father and mother
acknowledging paternity pursuant to Section 1-311.3 of Title 63 of the
Oklahoma Statutes. A statement acknowledging paternity shall have the
same legal effect as an order of paternity entered in a court or
administrative proceeding.
a. The statement may be rescinded by the mother or acknowledging
father within the earlier of:
(1) sixty (60) days after the statement is signed by filing a signed
rescission of affidavit acknowledging paternity form with the Office
of the State Registrar of Vital Statistics, or
(2) the date of an administrative or judicial proceeding relating to
the child, including but not limited to a proceeding to establish a
support order, in which the signatory is a party.
After the sixty-day period referred to in division (1) of this
subparagraph, a signed voluntary acknowledgment of paternity may be
challenged in court only on the basis of fraud, duress, or material
mistake of fact, with the burden of proof upon the challenger. Legal
responsibilities, including but not limited to child support
obligations, of any signatory arising from the acknowledgment shall
not be suspended during the challenge, except for good cause shown.
This subparagraph shall not be interpreted to authorize the rescission
of an acknowledgement of paternity if such rescission would be
prohibited under applicable federal law.
b. (1) If the mother was married at the time of conception or birth,
and her husband is not the natural father of the child, the husband
may sign a husband's denial of paternity form, which must be filed
along with the affidavit acknowledging paternity.
(2) The rescission of affidavit acknowledging paternity and the
husband's denial of paternity forms shall be prescribed by the
Department of Human Services and made available at the same locations
as the affidavit acknowledging paternity provided for in Section
1-311.3 of Title 63 of the Oklahoma Statutes;
2. Scientifically reliable genetic tests, including but not limited to
blood tests;
3. District or administrative court order; or
4. As otherwise provided by law.
C. 1. If the person signing the acknowledgment of paternity is
determined in an administrative or judicial proceeding not to be the
father of the child, on the basis of fraud, duress or material mistake
of fact pursuant to subsection B of this section, the Department of
Human Services, the Office of Administrative Hearings: Child Support,
or the court shall dismiss any pending court or administrative
collection proceedings against the father and the father will be
released from any court-ordered or Department-ordered payments for the
support and maintenance of the child.
2. The State Registrar of Vital Statistics shall remove the name of
the person listed as the father from the birth certificate upon notice
from the Department that such person has been judicially or
administratively determined not to be the father. Once paternity is
established, the State Registrar of Vital Statistics shall correct its
records and amend the birth certificate to reflect the father's name.
D. Proceedings to establish paternity may be brought in the
appropriate district court or through the Department. Proceedings may
be brought by the mother, father, guardian, or custodian of the child,
the Department, the district attorney, a public or private agency or
authority chargeable with the support of the child, or by the child.
The court, after determining paternity in a civil action, shall enter
an order providing for the support and maintenance of the child. The
social security numbers of both parents and the child shall be
included on the child support order summary form provided for in
Section 120 of Title 43 of the Oklahoma Statutes which shall be filed
with all orders establishing paternity. The district court may further
make provision for custody and visitation based upon the best
interests of the child.
E. An action to establish paternity shall be available to a child if
commenced within one (1) year after the child reaches the age of
eighteen (18).
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