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Oregon Revised Statutes

Or. Rev. Stat. § 109.155 (2026)

Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing

✓ current as of May 2026
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      109.155 Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing. (1) The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in addition to the testimony of the parent who gave birth to the child, shall be required.

      (2) The court, in its discretion, may postpone the hearing from time to time to facilitate any investigation or the production of such evidence as it deems appropriate.

      (3)(a) Except as provided in ORS 109.148 and 419B.609, if the parent who gave birth to the child is the only other person with a claim to parentage of the child, the court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:

      (A) Is identified under ORS 109.191 as a genetic parent of the child and the identification has not been successfully challenged under ORS 109.191;

      (B) Admits parentage in a pleading, during the hearing as provided in subsection (1) of this section, when making an appearance or in a settlement agreement in the proceeding, and the court accepts the admission;

      (C) Declines to submit to genetic testing ordered by the court or the administrator, even if the alleged genetic parent denies a genetic relationship with the child;

      (D) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child as provided in ORS 109.145; or

      (E) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

      (b) If a person other than the parent who gave birth to the child or the alleged genetic parent has a claim to parentage of the child and the person’s parentage was not disestablished before the proceeding was commenced, the court may not adjudicate an alleged genetic parent to be a parent of the child unless the court also disestablishes the person’s parentage of the child as provided in and under the applicable provisions of ORS 109.067, 109.070, 109.072, 109.151, 109.326 or 419B.609.

      (4) The court may approve a settlement agreement reached between the parties and incorporate the agreement into the judgment.

      (5) The court may order either parent to pay such sum as the court deems appropriate for the past and future support and maintenance of the child during the child’s minority and while the child is attending school, as defined in ORS 107.108, and the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care, expenses attendant with the birth and postnatal care. The court may grant the prevailing party reasonable costs of suit, which may include expert witness fees, and reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.

      (6) An affidavit certifying the authenticity of documents substantiating expenses set forth in subsection (5) of this section is prima facie evidence to establish the authenticity of the documents.

      (7)(a) It is the policy of this state:

      (A) To encourage the settlement of cases brought under this section; and

      (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.

      (b) In a proceeding under this section, the court may enforce the terms set forth in a stipulated judgment of parentage signed by the parties, a judgment of parentage resulting from a settlement on the record or a judgment of parentage incorporating a settlement agreement:

      (A) As contract terms using contract remedies;

      (B) By imposing any remedy available to enforce a judgment, including but not limited to contempt; or

      (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.

      (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.

      (d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS 109.158 or to seek enforcement of an ancillary agreement to the judgment.

      (8) The court may enter a judgment under this section before the child’s birth but enforcement of the judgment is stayed until the birth of the child and the court shall order one or more of the parties to notify the court of the child’s birth. [1969 c.619 §5; 1971 c.137 §1; 1971 c.191 §3; 1973 c.827 §12h; 1975 c.640 §15; 1981 c.897 §33; 1983 c.762 §5; 1989 c.417 §2; 1997 c.704 §57; 1999 c.80 §23; 2001 c.203 §6; 2003 c.576 §140; 2007 c.454 §5; 2017 c.651 §24; 2025 c.592 §33]

Notes of Decisions
Cited in 44 cases (2 in the last 5 years), 1974–2024 · leading case: State, Dept. of Human Resources v. Trost, 983 P.2d 549 (Or. Ct. App. 1999).
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State, Dept. of Human Resources v. Trost, 983 P.2d 549 (Or. Ct. App. 1999). · cites it 48× “" Chapter 746 also deleted references to a "jury" in ORS 109.155. The changes in ORS 109.135(1) and ORS 109.”
State Ex Rel. Oregonian Publ'g Co. v. Deiz, 613 P.2d 23 (Or. 1980). · cites it 2× “Or Laws 1937, ch 324, § 1; ORS 109.155)1). The legislature also permits private guardianship proceedings for those alleged to be incapacitated.”
McIntyre v. Crouch, 780 P.2d 239 (Or. Ct. App. 1989). · cites it 2× “125(e) and ORS 109.155, petitioner must show that ORS 109.”
In Re the Marriage of Crocker, 22 P.3d 759 (Or. 2001). “ORS 109.155(4) authorizes courts to order parents who never married to support their children attending school.”
Clarkston v. Bridge, 539 P.2d 1094 (Or. 1975). · cites it 2× “⑬ In addition to the right to a jury determination of paternity in filiation proceedings, the legislature has provided for private hearings on the issue of paternity, ORS 109.155(1), and the right to demand blood tests, ORS 109.”
Al-Ani v. Wafeek, 455 P.3d 1006 (Or. Ct. App. 2019). · cites it 6× “” Mother’s response included a similar request: “Pursuant to ORS 109.155 and ORCP 68, Petitioner should be ordered to pay Respondent’s reasonable attorney fees incurred as a result of the custody proceeding[.”
State Dep't of Human Resources v. Strasser, 732 P.2d 38 (Or. Ct. App. 1987). · cites it 2× “The state's petition alleged that appellant is the father of the child and included a prayer for attorney fees pursuant to ORS 109.155(4). In his answer, he denied the allegations and asked for "reasonable attorney fees" but failed to cite any basis for an award.”
State Ex Rel. Adult & Fam. Servs. Div. v. Stoutt, 644 P.2d 1132 (Or. Ct. App. 1982). · cites it 2× “Indeed, ORS 109.155(1) does essentially the opposite, by providing: "The court or the jury, in a private hearing, shall first determine the issue of paternity.”
Matter of Marriage of Crocker, 971 P.2d 469 (Or. Ct. App. 1998). · cites it 2× “ORS 109.155 gives courts authority to order support for children attending school by parents who never married, so that class of parents is in the same position as are the parents in father’s class.”
State Ex Rel. Olson v. Renda, 17 P.3d 514 (Or. Ct. App. 2000). · cites it 4× “ORS 109.155(4) provides that “[t]he court shall have the power to order either parent to pay such sum as it deems appropriate for the past and future support and maintenance of the child * * (Emphasis added.”
State ex rel. Karr v. Shorey, 567 P.2d 118 (Or. Ct. App. 1977). · cites it 3× “ORS 109.155 authorizes the court, in a filiation case, to approve any settlement agreement between the parties and to incorporate such an agreement into a decree.”
In Re the Dissolution of the Marriage of Gridley, 558 P.2d 1277 (Or. Ct. App. 1977). · cites it 3× “[Appellant] did not prove by a preponderance of the evidence in accordance with ORS 109.155[1] that Respondent is the father of her minor child * * * bom October 15, 1972 * * Appellant has requested this court to review that decree, arguing that the evidence produced was,…”
Show all 44 citing cases →
— Or. Rev. Stat. § 109.155(1) — 16 cases
Clarkston v. Bridge, 539 P.2d 1094 (Or. 1975). “⑬ In addition to the right to a jury determination of paternity in filiation proceedings, the legislature has provided for private hearings on the issue of paternity, ORS 109.155(1), and the right to demand blood tests, ORS 109.”
State Ex Rel. Oregonian Publ'g Co. v. Deiz, 613 P.2d 23 (Or. 1980). “Or Laws 1937, ch 324, § 1; ORS 109.155)1). The legislature also permits private guardianship proceedings for those alleged to be incapacitated.”
State Ex Rel. Adult & Fam. Servs. Div. v. Stoutt, 644 P.2d 1132 (Or. Ct. App. 1982). “Indeed, ORS 109.155(1) does essentially the opposite, by providing: "The court or the jury, in a private hearing, shall first determine the issue of paternity.”
State, Dept. of Human Resources v. Trost, 983 P.2d 549 (Or. Ct. App. 1999). “" Chapter 746 also deleted references to a "jury" in ORS 109.155. The changes in ORS 109.135(1) and ORS 109.”
Moore v. Gruetter, 544 P.2d 1047 (Or. Ct. App. 1976).
— Or. Rev. Stat. § 109.155(2) — 3 cases
State Ex Rel. Adult & Fam. Servs. Div. v. Buethe, 763 P.2d 723 (Or. 1988).
State Ex Rel. Adult & Fam. Servs. Div. v. Hansen, 634 P.2d 256 (Or. Ct. App. 1981).
State ex rel Adult & Fam. Servs. Div. v. Buethe, 753 P.2d 429 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 109.155(4) — 14 cases
In Re the Marriage of Crocker, 22 P.3d 759 (Or. 2001). “ORS 109.155(4) authorizes courts to order parents who never married to support their children attending school.”
State Dep't of Human Resources v. Strasser, 732 P.2d 38 (Or. Ct. App. 1987). “The state's petition alleged that appellant is the father of the child and included a prayer for attorney fees pursuant to ORS 109.155(4). In his answer, he denied the allegations and asked for "reasonable attorney fees" but failed to cite any basis for an award.”
Al-Ani v. Wafeek, 455 P.3d 1006 (Or. Ct. App. 2019). “” Mother’s response included a similar request: “Pursuant to ORS 109.155 and ORCP 68, Petitioner should be ordered to pay Respondent’s reasonable attorney fees incurred as a result of the custody proceeding[.”
State Ex Rel. Olson v. Renda, 17 P.3d 514 (Or. Ct. App. 2000). “ORS 109.155(4) provides that “[t]he court shall have the power to order either parent to pay such sum as it deems appropriate for the past and future support and maintenance of the child * * (Emphasis added.”
State Ex Rel. Pershall v. Woolsey, 625 P.2d 1340 (Or. Ct. App. 1981).
— Or. Rev. Stat. § 109.155(6)(a) — 1 case
In Re the Marriage of Berry, 271 P.3d 128 (Or. Ct. App. 2012).
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