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Oregon Revised Statutes

Or. Rev. Stat. § 109.125 (2026)

Who may initiate proceedings; petition; timing; parties

✓ current as of May 2026
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      109.125 Who may initiate proceedings; petition; timing; parties. (1)(a) Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child:

      (A) The parent who gave or will give birth to the child, unless a court has adjudicated that person’s nonparentage of the child;

      (B) The duly appointed and acting guardian of the child, conservator of the child’s estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child;

      (C) The administrator, as defined in ORS 25.010;

      (D) The child’s alleged genetic parent;

      (E) The child;

      (F) The child’s presumed parent or acknowledged parent; or

      (G) The child’s intended parent if the child was conceived by assisted reproduction, other than under a gestational surrogacy agreement.

      (b) If the parent who gave or will give birth to the child is married to and cohabiting with the child’s presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B), the proceeding may be initiated only:

      (A) By the parent who gave or will give birth to the child or the child’s presumed parent or acknowledged parent; or

      (B) With the consent of both the parent who gave or will give birth to the child and the child’s presumed parent or acknowledged parent.

      (c) If the proceeding is commenced to challenge an acknowledgment of parentage, the proceeding may be initiated only by those persons with standing under ORS 109.070 (6) to challenge a voluntary acknowledgment of parentage.

      (d) If the proceeding is commenced to adjudicate the parentage of an intended parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, the proceeding may be commenced only by those persons with standing under ORS 109.206 to commence a proceeding to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement.

      (2)(a) Unless the child initiates the proceeding, the proceeding must be initiated before the child attains 18 years of age.

      (b) If the child has a presumed parent, a proceeding initiated under ORS 109.124 to 109.171 is subject to ORS 109.067, 109.213 and ORS 109.326, as applicable.

      (c) If the child has an acknowledged parent, a proceeding initiated under ORS 109.124 to 109.171 is subject to ORS 109.070.

      (3) The proceeding shall be initiated by the filing of a duly verified petition of the initiating party. The petition must contain:

      (a) If the initiating party is one of those specified in subsection (1)(a)(A), (B), (C), (E), (F) or (G) of this section:

      (A) The name of the parent who gave or will give birth to the child;

      (B) The name of the child’s presumed parent, alleged genetic parent or intended parent, if any;

      (C) Facts showing the petitioner’s status to initiate proceedings;

      (D) A statement that a respondent is:

      (i) The child’s alleged genetic parent, presumed parent or intended parent; or

      (ii) The parent who gave or will give birth to the child;

      (E) The probable time or period of time during which conception took place or, if the child was conceived by assisted reproduction, the date of the transfer resulting in the child’s conception; and

      (F) A statement of the specific relief sought.

      (b) If the initiating party is the child’s alleged genetic parent:

      (A) The name of the parent who gave or will give birth to the child or, if the child is alleged under ORS 109.238 (3) to be the genetic child of the person who gave birth to the child, the name of the person who gave birth to the child;

      (B) The name of the child’s presumed parent, if any;

      (C) A statement that the initiating party:

      (i) Is the child’s genetic parent;

      (ii) If the child was conceived by assisted reproduction, is not a donor; and

      (iii) Accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that the initiating party would have responsibility for if the initiating party was married to the parent who gave or will give birth to the child;

      (D) The probable time or period of time during which conception took place or, if the child was conceived by assisted reproduction, the date of the transfer resulting in the child’s conception; and

      (E) A statement of the specific relief sought.

      (4) The following individuals are necessary parties to proceedings initiated under this section:

      (a) An individual whose parentage of the child has been established under ORS 109.065;

      (b) The person who gave birth to the child, if the child is alleged to be the genetic child of the person under ORS 109.238 (3); and

      (c) The state, the parent who gave or will give birth to the child and the child’s alleged genetic parent if proceedings are initiated by the administrator, as defined in ORS 25.010.

      (5) When a proceeding is initiated under this section, the petitioner shall serve a true copy of the petition by first class mail or personal delivery on:

      (a) The person who gave birth to the child if the child is alleged to be the genetic child of the person under ORS 109.238 (3);

      (b) Each individual whose parentage of the child has been established under ORS 109.065;

      (c) The individual whose parentage of the child is to be adjudicated; and

      (d) If the child support rights of one of the parties or of the child at issue have been assigned to the state, the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed.

      (6) Notwithstanding subsection (4) or (5) of this section, an individual whose parentage has been disestablished or declared not to exist or whose nonparentage of the child has been adjudicated before the proceedings are initiated is not a necessary party to the proceedings and is not entitled to notice of the proceedings.

      (7) An individual entitled to notice under subsection (5) of this section has a right to intervene in the proceeding. [1969 c.619 §1; 1971 c.191 §1; 1971 c.401 §3; 1971 c.779 §79; 1973 c.823 §105; 1975 c.458 §15a; 1975 c.640 §4a; 1979 c.90 §3; 1979 c.246 §5; 1983 c.762 §2; 1993 c.596 §21; 2001 c.334 §6; 2003 c.73 §56; 2007 c.454 §4; 2017 c.651 §52; 2025 c.592 §30]

Notes of Decisions
Cited in 58 cases (1 in the last 5 years), 1971–2021 · leading case: State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 666 P.2d 249 (Or. 1983).
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State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 666 P.2d 249 (Or. 1983). · cites it 3× “The statutory scheme reflected in the filiation statute, ORS 109.125, imposes a limitation period only on children “born out of wedlock,” see supra, note 10, and only on children seeking to establish paternity for purposes of support.”
Fox v. Hohenshelt, 528 P.2d 1376 (Or. Ct. App. 1974). · cites it 7× “In 1917 the legislature enacted Oregon Laws 1917, eh 48, which, with some modifications not important to the case before us, remain presently in force under the general heading, “Filiation Proceedings,” ORS 109.125 through ORS 109.230. Oregon Laws 1917, ch 48, p 67, provided…”
Fox v. Hohenshelt, 549 P.2d 1117 (Or. 1976). · cites it 6× “This is a paternity proceeding under ORS 109.125 to have the defendant adjudged to be the father of a child which plaintiff alleges to have been "born out of wedlock” and for an order that defendant pay for the past and future support of the child.”
State Ex Rel. Adult & Fam. Servs. Div. v. Stoutt, 644 P.2d 1132 (Or. Ct. App. 1982). · cites it 4× “Petitioner, a state agency, initiated this filiation proceeding pursuant to ORS 109.125(1)(b), [1] alleging that defendant is the father of a child who was born out of wedlock and to whose support petitioner contributes.”
McIntyre v. Crouch, 780 P.2d 239 (Or. Ct. App. 1989). · cites it 2× “To qualify under the filiation statute as an initiating party and be declared a father, see ORS 109.125(e) and ORS 109.155, petitioner must show that ORS 109.”
P & P v. Child.'s Servs. Div., 673 P.2d 864 (Or. Ct. App. 1983). · cites it 2× “070, (2) commences a filiation proceeding, ORS 109.125, (3) lives with the child at any time during the 60 days prior to the initiation of adoption proceedings or (4) supports or attempts to support the child during the year prior to the initiation of adoption proceedings.”
Moore v. Gruetter, 544 P.2d 1047 (Or. Ct. App. 1976). · cites it 4× “This is a proceeding to establish paternity under ORS 109.125 to 109.230. Defendant waived a jury determination of paternity.”
State ex rel. Adult & Fam. Servs. Div. v. Tuttle, 744 P.2d 990 (Or. 1987). · cites it 5× “First, the state is not bringing this proceeding under ORS 109.125 on behalf of the child. ORS 109.”
In Re the Marriage of Boldt, 176 P.3d 388 (Or. 2008). “119; “(e) A person or the administrator files a petition under ORS 109.125 to establish paternity and paternity is established; or “(f) A habeas corpus proceeding is before the court.”
Gleason v. Michlitsch, 728 P.2d 965 (Or. Ct. App. 1986). “ORS 109.125. The parties agreed to those parts of the court’s judgment that declared father’s paternity, his support obligation, his visitation rights and mother’s continued custody.”
State ex rel. Karr v. Shorey, 567 P.2d 118 (Or. Ct. App. 1977). · cites it 3× “On May 29, 1969, plaintiff filed a filiation petition pursuant to ORS 109.125 et seq. No citation to appear was issued to defendant 1 and there is no indication that he had any notice of the proceeding prior to the entry of the paternity order on June 4,1969, except as indicated…”
State Ex Rel. Johnson v. Bail, 915 P.2d 439 (Or. Ct. App. 1996). · cites it 2× “608, § 4) provided: "If paternity of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 109.”
Show all 58 citing cases →
— Or. Rev. Stat. § 109.125(1) — 3 cases
State ex rel. Adult & Fam. Servs. Div. v. Tuttle, 744 P.2d 990 (Or. 1987). “First, the state is not bringing this proceeding under ORS 109.125 on behalf of the child. ORS 109.”
State Ex Rel. Adult & Fam. Servs. Div. v. Buethe, 763 P.2d 723 (Or. 1988).
Norton v. MacDonald, 93 P.3d 804 (Or. Ct. App. 2004).
— Or. Rev. Stat. § 109.125(1)(a) — 1 case
F. v. H., 546 P.2d 765 (Or. Ct. App. 1976).
— Or. Rev. Stat. § 109.125(1)(b) — 4 cases
State Ex Rel. Adult & Fam. Servs. Div. v. Stoutt, 644 P.2d 1132 (Or. Ct. App. 1982). “Petitioner, a state agency, initiated this filiation proceeding pursuant to ORS 109.125(1)(b), [1] alleging that defendant is the father of a child who was born out of wedlock and to whose support petitioner contributes.”
Moore v. Gruetter, 544 P.2d 1047 (Or. Ct. App. 1976). “This is a proceeding to establish paternity under ORS 109.125 to 109.230. Defendant waived a jury determination of paternity.”
State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 650 P.2d 91 (Or. Ct. App. 1982).
State ex rel. Adult & Fam. Servs. Div. v. Tuttle, 744 P.2d 990 (Or. 1987). “First, the state is not bringing this proceeding under ORS 109.125 on behalf of the child. ORS 109.”
— Or. Rev. Stat. § 109.125(1)(c) — 1 case
State ex rel. Adult & Fam. Servs. Div. v. Tuttle, 744 P.2d 990 (Or. 1987). “First, the state is not bringing this proceeding under ORS 109.125 on behalf of the child. ORS 109.”
— Or. Rev. Stat. § 109.125(1)(f) — 1 case
In re the Marriage of Case, 650 P.2d 157 (Or. Ct. App. 1982).
— Or. Rev. Stat. § 109.125(2) — 2 cases
Gostevskyh v. Kalugin, 492 P.2d 826 (Or. Ct. App. 1972).
In re Leloff, 314 P.3d 711 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 109.125(2)(F) — 1 case
State Ex Rel. Adult & Fam. Servs. Div. v. Fulop, 706 P.2d 921 (Or. 1985).
— Or. Rev. Stat. § 109.125(3) — 2 cases
Moore v. Gruetter, 544 P.2d 1047 (Or. Ct. App. 1976). “This is a proceeding to establish paternity under ORS 109.125 to 109.230. Defendant waived a jury determination of paternity.”
State Ex Rel. Olson v. Renda, 17 P.3d 514 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 109.125(4) — 1 case
State ex rel. Karr v. Shorey, 567 P.2d 118 (Or. Ct. App. 1977). “On May 29, 1969, plaintiff filed a filiation petition pursuant to ORS 109.125 et seq. No citation to appear was issued to defendant 1 and there is no indication that he had any notice of the proceeding prior to the entry of the paternity order on June 4,1969, except as indicated…”
— Or. Rev. Stat. § 109.125(e) — 1 case
McIntyre v. Crouch, 780 P.2d 239 (Or. Ct. App. 1989). “To qualify under the filiation statute as an initiating party and be declared a father, see ORS 109.125(e) and ORS 109.155, petitioner must show that ORS 109.”
— Or. Rev. Stat. § 109.125(l)(a) — 4 cases
Fox v. Hohenshelt, 549 P.2d 1117 (Or. 1976). “This is a paternity proceeding under ORS 109.125 to have the defendant adjudged to be the father of a child which plaintiff alleges to have been "born out of wedlock” and for an order that defendant pay for the past and future support of the child.”
State ex rel. Sockerson v. Pew, 564 P.2d 1375 (Or. Ct. App. 1977).
Baker v. Munro, 692 P.2d 126 (Or. Ct. App. 1984).
Norton v. MacDonald, 93 P.3d 804 (Or. Ct. App. 2004).
— Or. Rev. Stat. § 109.125(l)(b) — 3 cases
State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 666 P.2d 249 (Or. 1983). “The statutory scheme reflected in the filiation statute, ORS 109.125, imposes a limitation period only on children “born out of wedlock,” see supra, note 10, and only on children seeking to establish paternity for purposes of support.”
State Ex Rel. Adult & Fam. Servs. Div. v. Stoutt, 644 P.2d 1132 (Or. Ct. App. 1982). “Petitioner, a state agency, initiated this filiation proceeding pursuant to ORS 109.125(1)(b), [1] alleging that defendant is the father of a child who was born out of wedlock and to whose support petitioner contributes.”
State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 650 P.2d 91 (Or. Ct. App. 1982).
— Or. Rev. Stat. § 109.125(l)(c) — 1 case
State ex rel. Adult & Fam. Servs. Div. v. Tuttle, 744 P.2d 990 (Or. 1987). “First, the state is not bringing this proceeding under ORS 109.125 on behalf of the child. ORS 109.”
— Or. Rev. Stat. § 109.125(l)(e) — 1 case
Chamberlain v. Williams, 895 P.2d 805 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 109.125(l)(f) — 1 case
Norton v. MacDonald, 93 P.3d 804 (Or. Ct. App. 2004).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.