Okla. Stat. tit. 56, § 56-238.6B

- Voluntary acknowledgments - Entry of father's name on child's

birth certificate - Genetic testing - Change of child's surname.

A. The Department of Human Services may serve a notice of

paternity and support obligations on an individual alleged to be the

parent of a child for whom paternity has not been judicially or

administratively established. Venue for such action shall be, at

the option of the Department, in the county where the mother, father

or child resides. Service of the notice shall be in the same manner

as a summons in a civil action pursuant to Section 2004 of Title 12

of the Oklahoma Statutes. Both the mother of a child born out of

wedlock and an individual who has been legally determined to be the

father of a child by acknowledgement or by judicial or

administrative order are each liable for the support and education

of the child.

B. The notice shall be verified and have attached to it a copy

of any acknowledgment of paternity and shall state:

1. The name and date of birth of any minor children, along with

the name of the natural mother and custodian, if different than the

mother or alleged father;

2. The amount of child support and other support, including the

amounts ordered pursuant to paragraph 3 of this subsection, to be

ordered in accordance with the Child Support Guidelines provided in

Section 118 of Title 43 of the Oklahoma Statutes;

3. The amount of reimbursement for the costs of the birth and

the reasonable expenses of providing for said child which has

accrued or is accruing, provided that the liability for the above

costs shall be imposed for two (2) years preceding the issuance of

the notice pursuant to Section 83 of Title 10 of the Oklahoma

Statutes. The mother shall be liable for the reasonable expenses of

providing for the child to the same extent as the father and subject

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to the same limitation of liability for any time she does not have

custody of the child prior to the establishment of paternity or an

order for support;

4. That either or both parents shall be required to provide

medical support for the child, which may include health insurance,

cash medical support, or a combination of both, and pay a

proportionate share of medical expenses not reimbursed by insurance;

5. The amount of reimbursement requested for the costs of the

genetic test to determine paternity, if any;

6. That an immediate income assignment will be effectuated for

payment of current support and any judgments entered;

7. That in the absence of a legally established father pursuant

to the Uniform Parentage Act, a notice to appear and show cause

shall be issued to the alleged father which directs the alleged

father to appear and show cause why the administrative judge should

not determine him to be the father of any such children, liable for

the support requested in the notice, for the costs accrued and

accruing or the amount to be paid thereon;

8. That if paternity is disputed and there is no legally

established father pursuant to the Uniform Parentage Act, the

Administrative Law Judge shall enter an order directing genetic

tests to determine paternity and advise the alleged father that if

he fails to appear he will be in default and an order will be

entered against him. If the putative father is not excluded, and

the statistical probability of paternity according to scientifically

reliable genetic tests including, but not limited to, blood tests is

at least ninety-nine percent (99%) and he is contesting the issue of

paternity, he may request the Department to remove the action to

district court to determine paternity. If the statistical

probability of paternity is ninety-nine percent (99%), and the

father does not request the Department to remove to district court

within fourteen (14) days of the Department mailing the genetic test

or other test results, determination of paternity shall become final
of

paternity, he may request the Department to remove the action to

district court to determine paternity. If the statistical

probability of paternity is ninety-nine percent (99%), and the

father does not request the Department to remove to district court

within fourteen (14) days of the Department mailing the genetic test

or other test results, determination of paternity shall become final

for all intents and purposes and may be overturned only by appeal to

district court. Any such request shall be in writing and served on

the Department personally or by registered or certified mail;

9. That if the alleged father fails to appear at the genetic

testing, show cause, or any subsequent hearing or if no notice to

appear for genetic testing was served and no hearing is requested on

or before twenty (20) days from the date of service, the finding of

paternity shall become final and a support order entered. The order

shall be docketed with the district court in the county of residence

of the custodian or the child. If neither the custodian nor the

child reside in the state, the order shall be docketed in the county

of residence of the noncustodial parent. The support order shall be

enforced in the same manner as an order of the district court;

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10. That at any time after paternity is determined, the

Department may set a hearing to determine the child support

obligation, if child support has not already been established.

Failure to appear at the hearing will result in a support order

being entered against the noncustodial parent; and

11. That if the mother and father have voluntarily signed an

acknowledgment of paternity pursuant to the Uniform Parentage Act,

the duly executed acknowledgment of paternity is considered a legal

finding of paternity, subject to the right of any signatory to

rescind the acknowledgment within the earlier of:

a. sixty (60) days, or

b. 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 subparagraph a of this

paragraph, a duly executed acknowledgment of paternity may be

challenged in court only in accordance with the Uniform Parentage

Act. The legal responsibilities, including but not limited to child

support obligations, of any signatory arising from the

acknowledgment may not be suspended during the challenge, except for

good cause shown.

This paragraph shall not be interpreted to authorize the

rescission of an acknowledgement of paternity if such rescission

would be prohibited under applicable federal law.

C. The Department may accept voluntary acknowledgments of

support liability and support amounts.

D. If the name of the father has not been entered on the

child's birth certificate, the Department of Human Services shall

notify the State Department of Health, Division of Vital Records who

shall enter the name of the father, and if known, the date of birth

and the place of birth of the father, on the birth certificate.

E. If child support services are being provided pursuant to

Section 237 of this title, prior to the issuance of the notice of

paternity and support obligation, a father who denies paternity and

is not a legally established father under the Uniform Parentage Act

may request that a genetic test be administered. The request for

testing shall be in writing and served on the Department personally

or by registered or certified mail.

F. If a request for testing is made pursuant to subsection B or

E of this section, the Department shall arrange for the test and,

pursuant to rules promulgated by the Department, may advance the

cost of the testing. The Department shall mail a copy of the test

results by a certificate of mailing to the last-known address of the
on the Department personally

or by registered or certified mail.

F. If a request for testing is made pursuant to subsection B or

E of this section, the Department shall arrange for the test and,

pursuant to rules promulgated by the Department, may advance the

cost of the testing. The Department shall mail a copy of the test

results by a certificate of mailing to the last-known address of the

father. If a request for genetic tests was made pursuant to

subsection E of this section, the Department shall mail the notice

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of paternity and support obligations to the father by certificate of

mailing to the last-known address of the father.

G. If genetic testing pursuant to subsection B or E of this

section excludes a person from being the biological father of the

child, the Department shall dismiss any pending court or

administrative collection proceedings against the person. The State

Department of Health, Division of Vital Records shall remove the

name of the person listed as the father from the birth certificate,

upon notice from the Department that the person has been excluded by

genetic testing. Once paternity is established, the State

Department of Health, Division of Vital Records shall correct its

records and amend the birth certificate to reflect the name of the

father.

H. If both the custodian mother and the father agree to change

the surname of the child to that of the father, the administrative

law judge may order the name changed. Upon receipt of an order

changing the child's surname, the State Department of Health,

Division of Vital Records shall correct its records and amend the

birth certificate to reflect the name change.

I. All docketed administrative orders shall be modified and

enforced in the same manner as an order of the district court.

J. The lump-sum judgment established for support owed prior to

the establishment of the current support order shall draw interest

pursuant to Section 114 of Title 43 of the Oklahoma Statutes.