Current through Vol. 42, No. 1, September 16, 2024
(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.
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
