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Oklahoma Department of Human Services
Stronger Families Grow Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
340:25-5-176.1. Challenges to paternity establishment
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Issued 7-1-09

 

(a) Oklahoma Child Support Services (OCSS) objects to a paternity challenge proceeding when:

  • (1) there has been an acknowledgment of paternity executed in Oklahoma or another state and not rescinded within the allowable time, which is 60 days;  [45 CFR § 303.5 and 10 O.S. §§ 7700-301 through 7700-307]  • 1 & • 2
  • (2) the child has a presumed father and a party initiates a challenge more than two years after the child's birth;
  • (3) paternity has been established by a district or administrative court order.  [10 O.S. § 7700-636]  • 1

(b) OCSS does not object to a paternity challenge proceeding when:

  • (1) the parties neither cohabited nor engaged in sexual intercourse and the husband never held out the child as his own; or
  • (2) the mother, legal father, and biological father agree to adjudicate paternity.  [10 O.S. § 7700-607]

(c) When a paternity challenge proceeding is brought by a child under 10 O.S. § 7700‑637, the state’s attorney reviews the facts of the case and determines whether or not an objection is appropriate under the circumstances.

 

INSTRUCTIONS TO STAFF 340:25-5-176.1 

 

Revised 7-1-09

 

1.   If Oklahoma Child Support Services (OCSS), receives a pleading seeking to disestablish paternity, OCSS defends the challenge under Sections 7700‑601 through 7700-637 of Title 10 of the Oklahoma Statutes.  Child support staff immediately refer all challenges to the district office managing or state's attorney.

2.   Child support attorneys use the Uniform Parentage Act Guide available on the OCSS InfoNet for defending acknowledgments of paternity and paternity orders.



Last Updated:  10/17/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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