Okla. Admin. Code § 340:25-5-176.1

Current through Vol. 42, No. 4, November 1, 2024

Section 340:25-5-176.1 - Challenges to establishment of parentage

(a) Oklahoma Department of Human Services Child Support Services (CSS) objects to a parentage challenge proceeding, when:

(1) a party challenges an acknowledgment of paternity (AOP) outside of the rescission time periods per Section 7700-307 of Title 10 of the Oklahoma Statutes (10 O.S. § 7700-307), unless the challenge is filed within the two-year time limit for challenges per 10 O.S. § 7700-308. When a party challenges an AOP within the statutory time limit, the state's attorney reviews the facts of the case to determine whether an objection is appropriate under the circumstances. CSS may object to the proceedings and request the court require the challenging party to prove fraud, duress, or material mistake of fact by clear and convincing evidence;

(2) the child has a presumed parent and a party initiates a challenge more than two years after the child's birth, unless the parties meet the jurisdictional requirements per 10 O.S. § 7700-607(B) or 7700-607(C); or

(3) parentage was established by a district or administrative court order per 10 O.S. § 7700-636 and the challenging party is filing outside the 30-calendar day time period to vacate a judgment per 12 O.S. § 1031.1(A).

(b) CSS does not object to a parentage challenge proceeding when the:

(1) time requirement to rescind an acknowledgment of paternity has not passed;

(2) parties neither cohabited nor engaged in sexual intercourse and the spouse never held out the child as his or her own, per 10 O.S. § 7700-607(B); or

(3) mother, legal parent, and biological father agree to adjudicate parentage, per 10 O.S. §7700-607(C).

(c) When a parentage challenge proceeding is brought by a child per 10 O.S. § 7700-637, the state's attorney reviews the facts of the case and determines whether an objection is appropriate under the circumstances.

(d) When one or both parties timely objects, orally or in writing, to the entry of an order for a child with a presumed parent or alleged father, CSS takes necessary steps to bring the parentage challenge before the appropriate court for resolution.

(e) CSS may initiate a parentage challenge when appropriate.

(f) In any parentage proceeding, CSS requests the court comply with the applicable provisions of the Uniform Parentage Act, including:

(1) the appointment of a guardian ad litem, when appropriate, per 10 O.S. § 7700-608(C);

(2) a best interest of the child hearing, per 10 O.S. § 7700-608(A) and (B); and

(3) genetic testing under 10 O.S. §§ 7700-631 and 621.

Okla. Admin. Code § 340:25-5-176.1

Added at 24 Ok Reg 1301, eff 7-1-07 ; Amended at 26 Ok Reg 1245, eff 7-1-09 ; Amended at 30 Ok Reg 648, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019