Okla. Stat. tit. 10, § 10-7700-607
This is the official text of Okla. Stat. tit. 10, § 10-7700-607, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.
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Two-year limitation in proceedings with presumed
Official statutory text
father - Exception.
A. Except as otherwise provided in subsection B of this
section, a proceeding brought by a presumed father, the mother, or
another individual to adjudicate the parentage of a child having a
presumed father shall be commenced not later than two (2) years
after the birth of the child.
B. A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed father may be
maintained at any time in accordance with Section 7700-608 of this
title if the court, prior to an order disproving the father-child
relationship, determines that:
1. The presumed father and the mother of the child neither
cohabited nor engaged in sexual intercourse with each other during
the probable time of conception; and
2. The presumed father never openly held out the child as his
own.
C. A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed or
acknowledged father may be maintained at any time if the court
determines that the biological father, presumed or acknowledged
father, and the mother agree to adjudicate the biological father's
parentage in accordance with Sections 7700-608 and 7700-636 of this
title. If the presumed or acknowledged father or mother is
Oklahoma Statutes - Title 10. Children Page 407
unavailable, the court may proceed if it is determined that diligent
efforts have been made to locate the unavailable party and it would
not be prejudicial to the best interest of the child to proceed
without that party. In a proceeding under this section, the court
shall enter an order either confirming the existing father-child
relationship or adjudicating the biological father as the parent of
the child. A final order under this subsection shall not leave the
child without an acknowledged or adjudicated father.
D. A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed or
acknowledged father may be maintained at any time before the child
is eighteen (18) years of age on the basis of fraud as defined in
Section 7700-102 of this title. A party bringing a challenge under
this section has the burden of proving fraud by clear and convincing
evidence. Upon a finding of fraud, the court shall conduct a best-
interest hearing to determine if genetic testing should be ordered
pursuant to Section 7700-608 of this title. Court-ordered genetic
testing shall be performed prior to an order of nonparentage under
Sections 7700-621 and 7700-631 of this title. Any genetic test
performed shall be in accordance with Sections 7700-501 through
7700-511 of this title.
1. The cost of the genetic testing to disprove parentage shall
be advanced by the individual challenging parentage;
2. In a court order of nonparentage, a noncustodial parent has
no right to reimbursement for child support and medical support
payments made under a child support order; and
3. The court shall order the State Department of Health,
Division of Vital Records, to amend the birth record of the child,
if appropriate.
A. Except as otherwise provided in subsection B of this
section, a proceeding brought by a presumed father, the mother, or
another individual to adjudicate the parentage of a child having a
presumed father shall be commenced not later than two (2) years
after the birth of the child.
B. A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed father may be
maintained at any time in accordance with Section 7700-608 of this
title if the court, prior to an order disproving the father-child
relationship, determines that:
1. The presumed father and the mother of the child neither
cohabited nor engaged in sexual intercourse with each other during
the probable time of conception; and
2. The presumed father never openly held out the child as his
own.
C. A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed or
acknowledged father may be maintained at any time if the court
determines that the biological father, presumed or acknowledged
father, and the mother agree to adjudicate the biological father's
parentage in accordance with Sections 7700-608 and 7700-636 of this
title. If the presumed or acknowledged father or mother is
Oklahoma Statutes - Title 10. Children Page 407
unavailable, the court may proceed if it is determined that diligent
efforts have been made to locate the unavailable party and it would
not be prejudicial to the best interest of the child to proceed
without that party. In a proceeding under this section, the court
shall enter an order either confirming the existing father-child
relationship or adjudicating the biological father as the parent of
the child. A final order under this subsection shall not leave the
child without an acknowledged or adjudicated father.
D. A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed or
acknowledged father may be maintained at any time before the child
is eighteen (18) years of age on the basis of fraud as defined in
Section 7700-102 of this title. A party bringing a challenge under
this section has the burden of proving fraud by clear and convincing
evidence. Upon a finding of fraud, the court shall conduct a best-
interest hearing to determine if genetic testing should be ordered
pursuant to Section 7700-608 of this title. Court-ordered genetic
testing shall be performed prior to an order of nonparentage under
Sections 7700-621 and 7700-631 of this title. Any genetic test
performed shall be in accordance with Sections 7700-501 through
7700-511 of this title.
1. The cost of the genetic testing to disprove parentage shall
be advanced by the individual challenging parentage;
2. In a court order of nonparentage, a noncustodial parent has
no right to reimbursement for child support and medical support
payments made under a child support order; and
3. The court shall order the State Department of Health,
Division of Vital Records, to amend the birth record of the child,
if appropriate.
Status: in_force · Read it on the official government site
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