(a) In cases where paternity has not been legally established, Oklahoma Department of Human Services Child Support Services (CSS) establishes paternity and provides genetic testing per:
666 of Title 42 of the United States Code
(42 U.S.C. §§ 653, 654, & 666);
303 of Title 45 of the Code of Federal Regulations; and
7700-902 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83, 84, 90.4 and 7700-101 - 7700-902), 43 O.S. §§ 601-201,
601-701, 56 O.S. §§
240.23, and 63 O.S. §§
1-321. • 1 & 2
(b) CSS only initiates a paternity action when the child has no legal father. •
3 through 6 A child has a legal father when:
(1) paternity has been voluntarily acknowledged in Oklahoma or another state and not rescinded within 60
calendar days per 10 O.S. §§
(2) the child has a presumed father per 10 O.S. §
7700-204; • 7
(3) paternity has been established by a district or administrative court order per 10 O.S. §
(c) CSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity per 10 O.S. §
7700-312 and 63 O.S. §§
1-311.3. CSS also provides companion forms, which include instructions for completion, described in paragraphs (1) through (4) of this subsection. Signed and witnessed forms must be filed with the Oklahoma State Department of Health (OSDH), Division of Vital Records.
(1) When parents of an adult child, 18 years of age or older, complete Form 03PA209E, the adult child must give consent to add the natural father's name to the birth certificate. The child indicates consent by signing Form 03PA212E, Adult Child's (18 Years or Older) Consent.
(2) Form 03PA210E, Denial of Paternity, must accompany Form 03PA209E if the mother of a child is married to someone other than the natural father and the child is born within 300 calendar days after the marriage is terminated per 10 O.S. §
7700-204. • 8
(3) Per 10 O.S. §§
7700-312, CSS provides Form 03PA211E, Rescission of Acknowledgment of Paternity, for a person to use to cancel the legal finding of paternity created by having previously signed Form 03PA209E. This form must be completed, signed, and filed with the OSDH Division of Vital Records within 60 calendar days after the date of the last signature on Form 03PA209E.
(A) When a person submits Form 03PA211E within 60 calendar days after the date of the last signature on Form 03PA209E, CSS sends notice of the rescission to all other signatories on Forms 03PA209E and 03PA210E. Notice is given by mailing a copy of the rescission to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last-known address of the signatories, if different.
(B) When rescissions are submitted to CSS past the 60 calendar day time period, CSS sends a letter to the person who submitted Form 03PA211E informing the person the rescission is invalid because it was not timely submitted.
(4) Per 10 O.S. §§
7700-312, CSS provides Form 03PA213E, Rescission of Denial of Paternity, for a person to use CSS to cancel the legal finding of paternity created by having previously signed Form 03PA210E. Form 03PA213E must be completed, signed, and filed with the OSDH Division of Vital Records within 60 calendar days after the date of the last signature on Forms 03PA209E and 03PA210E. • 8
(A) When a person submits Form 03PA213E to CSS within 60 calendar days after the date of the last signatures on Forms 03PA209E and 03PA210E, CSS sends notice of the rescission to all other signatories of Forms 03PA209E and 03PA210E. Notice is given by mailing a copy of the rescission to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last known addresses of the signatories, if different.
(B) When a rescission of denial is submitted to CSS past the 60 calendar day time period, CSS sends a letter to the person who submitted Form 03PA213E informing the person the rescission of denial is invalid because it was not timely submitted.
(d) When CSS establishes paternity against an alleged father or with a custodial person, either of whom is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50A U.S.C. §§ 501-596. • 9
(e) When CSS has the cooperation of a deceased alleged father's relatives, CSS establishes paternity of the child(ren) through genetic testing of the relatives as necessary according to the standards and provisions of the Uniform Parentage Act, 10 O. S. §§
7700-501-7700-511. • 6 &
(f) CSS establishes paternity against an alleged father who is disabled and receiving monthly Supplemental Security Income before reviewing the case for possible closure per Oklahoma Administrative Code (OAC) 340:25-5-123.
(g) CSS pursues all alleged fathers before requesting the court enter a default paternity order when the custodial person (CP) has provided information that more than one man is possibly the child's biological father.
(1) CSS requests a default order when genetic testing shows one alleged father is the biological father or all other alleged fathers have been excluded by genetic testing. CSS uses other legal processes to compel genetic testing, such as license revocation or contempt of court proceedings. • 11
(2) CSS requests the court determine paternity when unable to obtain genetic testing on two or more alleged fathers.
(h) CSS does not request a default paternity order when the alleged father is the case applicant and the CP objects to the alleged father being found the father without genetic testing. When a default paternity order has been entered and either party contacts CSS in writing within 30 calendar days of entry of the default order, CSS treats the request as a motion to vacate or modify the default order. After the request is filed with the district court or Office of Administrative Hearings: Child Support, CSS pursues genetic testing and vacates or amends the default order as necessary based on findings. • 12
(i) Genetic testing costs incurred in paternity establishment cases are paid as follows:
(1) CSS advances the costs for genetic testing and recovers the genetic test costs from the noncustodial parent or as ordered by the court.
(2) When CSS paternity results are contested, CSS requests payment in advance of a second genetic test by the requesting party.
(3) When a court orders CSS to provide genetic testing and CSS does not have a case open for services, CSS requires a party to complete an application for services prior to advancing the costs of genetic testing.
(4) In interstate cases, CSS follows OAC 340:25-5-270.