Current through Vol. 42, No. 1, September 16, 2024
(a)
Legal
authorities. Oklahoma Department of Human Services Child Support
Services (CSS) establishes parentage and provides genetic testing when
appropriate based on the facts of the case, per:
(1) Sections 653, 654, and 666 of Title 42 of
the United States Code (
42 U.S.C. §§
653,
654,
& 666);
(2) Parts 302 and 303
of Title 45 of the Code of Federal Regulations; and
(3) Sections
83, 90.4, and
7700-101 - 7700-902 of Title 10 of the Oklahoma Statutes (10 O.S. §§
83, 90.4, and 7700-101 - 7700-902), 43 O.S. §§ 601-201, 601-401,
& 601-701, 56 O.S. §§ 230.60, 231 - 240.23, and 63 O.S.
§§ 1-311 and 1-321.
(b)
Legal parents. CSS applies
the presumptions in 10 O.S. § 7700-204(A)(1) through (4) to an individual
when the individual and the woman who gave birth to the child are married. CSS
applies the presumption in 10 O.S. § 7700-204(A)(5) to an individual
regardless of gender. CSS requests the court confirm parentage in cases where
the individual is a presumed parent.
(c)
Acknowledgment of Paternity.
Form 03PA209E, Acknowledgment of Paternity, can only be completed by the
biological mother and biological father of the child, per 10 O.S. §
7700-301. CSS provides Form 03PA209E for voluntary acknowledgment of paternity,
per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 and 1-311.3. CSS
also provides companion forms that include instructions for completion,
described (1) through (4) of this subsection. Signed and witnessed forms must
be filed with the Oklahoma State Department of Health (OSDH), Division of Vital
Records.
(1) When parents of an adult child,
18 years of age and older, complete Form 03PA209E, the adult child must give
consent to add the natural father's name to the birth certificate. The child
indicates consent by signing Form 03PA212E, Adult Child's (18 Years or Older)
Consent.
(2) Form 03PA210E, Denial
of Parentage, must accompany Form 03PA209E when the mother of a child is
married to someone other than the natural father and the child is born within
300-calendar days after the marriage is terminated, per 10 O.S. §
7700-204.
(3) CSS provides Form
03PA211E, Rescission of Acknowledgment of Paternity, to rescind the legal
finding of parentage created by having previously signed Form 03PA209E, per 10
O.S. §§ 7700-307 and 7700-312. This form must be completed, signed,
and filed with the OSDH Division of Vital Records within 60-calendar days after
the date of the last signature on Form 03PA209E.
(A) When a person submits Form 03PA211E
within 60-calendar days after the date of the last signature on Form 03PA209E,
CSS sends notice of the rescission to all other signatories on Forms 03PA209E
and 03PA210E. Notice is given by mailing a copy of the rescission to the
address of the signatories as shown on Forms 03PA209E and 03PA210E and to the
last-known address of the signatories, if different.
(B) When rescissions are submitted to CSS
past the 60-calendar day time period, CSS sends a letter to the person who
submitted Form 03PA211E informing him or her that the rescission is invalid
because it was not timely submitted.
(4) CSS provides Form 03PA213E, Rescission of
Denial of Parentage, to rescind the legal finding of parentage created by
having previously signed Form 03PA210E, per 10 O.S. §§ 7700-307 and
7700-312. Form 03PA213E must be completed, signed, and filed with the OSDH
Division of Vital Records within 60-calendar days after the date of the last
signature on Forms 03PA209E and 03PA210E.
(A)
When a person submits Form 03PA213E to CSS within 60-calendar days after the
date of the last signatures on Forms 03PA209E and 03PA210E, CSS sends notice to
all other signatories of Forms 03PA209E and 03PA210E. Notice is given by
mailing a copy of Form 03PA213E, to the address of the signatories as shown on
Forms 03PA209E and 03PA210E and to the last known addresses of the signatories,
if different.
(B) When Form
03PA213E is submitted to CSS past the 60-calendar day time period, CSS sends a
letter to the person who submitted Form 03PA213E informing him or her that the
rescission of denial of parentage is invalid because it was not timely
submitted.
(d)
Service members. When CSS
establishes parentage and either parent is a service member, CSS applies the
provisions of the Service members Civil Relief Act, codified in
50
U.S.C. §§
3901 through
4043.
(e)
Genetic testing of
relatives. When CSS has the cooperation of a deceased alleged biological
father's relatives, CSS establishes parentage of the child(ren) through genetic
testing of the relatives as necessary according to the standards and provisions
of the Uniform Parentage Act, 10 O. S. §§ 7700-501-7700-511.
(f)
Supplemental Security
Income (SSI). CSS establishes parentage against a parent who is disabled
and receiving monthly SSI before reviewing the case for possible closure, per
Oklahoma Administrative Code (OAC)
340:25-5-123.
(g)
Defaults.
(1) CSS pursues all alleged
biological fathers before requesting the court enter a default
parentage order.
(A) CSS requests a default
order when genetic testing shows one alleged father is the biological father or
all other alleged fathers are excluded by genetic testing. CSS uses other legal
processes to compel genetic testing, such as license revocation or contempt of
court proceedings.
(B) CSS
requests the court determine parentage when unable to obtain genetic testing on
two or more alleged biological fathers.
(2) CSS does not request a default parentage
order when the alleged biological father is the case applicant and the CP
objects to the alleged biological father being found the father without genetic
testing. When a default parentage order is entered and either party contacts
CSS in writing within 30-calendar days of entry of the default order, CSS
treats the request as a motion to rehear, vacate, or modify, per 12 O.S. §
1031.1. CSS takes necessary steps to bring the action before the court for
resolution.
(3) When requesting a
default parentage order CSS follows OAC
340:25-5-134.
(h)
Genetic
testing costs. Costs incurred in parentage establishment cases are paid
per (1) through (4) of this subsection.
(1)
CSS advances the costs for genetic testing and recovers the genetic test costs
from the noncustodial parent or as ordered by the court.
(2) When CSS genetic test results are
contested, CSS requests payment in advance of a second genetic test by the
requesting party.
(3) When a court
orders CSS to provide genetic testing and CSS does not have a case open for
services, CSS requires a party to complete an application for services.
(4) In interstate cases, CSS
follows OAC
340:25-5-270.
(i)
Genetic
testing services.
(1) When parentage
is not established, CSS performs genetic testing when appropriate before
establishing parentage and child support orders. CSS only performs genetic
testing in open, full-service cases.
(2) The case applicant may apply for case
closure, per OAC
340:25-5-123
after parentage and child support are established.
(3) CSS does not provide genetic testing only
services.
Added at 9 Ok Reg
3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at
12 Ok Reg 61, eff 10-6-94 (emergency); Amended at 12 Ok Reg 1421, eff 5-26-95;
Amended at 16 Ok Reg 3468, eff 9-1-99; Amended at 17 Ok Reg 2426, eff 7-1-00;
Amended at 19 Ok Reg 1746, eff 7-1-02; Amended at 21 Ok Reg 1344, eff 7-1-04;
Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 24 Ok Reg 1301, eff 7-1-07;
Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 26 Ok Reg 1245, eff 7-1-09;
Amended at 27 Ok Reg 1201, eff 7-1-10; Amended at 29 Ok Reg 765, eff
7-1-12
