(a) In cases where paternity has not been legally established, Oklahoma Child Support Services (OCSS) establishes paternity and recovers costs advanced for genetic testing under:

• (1) Sections 653, 654, and 666 of Title 42 of the United States Code;
• (2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations; and
• (3) Sections 83, 84, 90.4, and 7700-101 through 7700-902 of Title 10, Sections 601-201, 601-401, and 601-701 of Title 43, Sections 230.60 and 231 through 240.23 of Title 56, and Sections 1-311 and 1-321 of Title 63 of the Oklahoma Statutes. • 1

(b) OCSS only initiates a paternity action when the child has no legal father.  • 2 & • 3  A child has a legal father when:

• (1) paternity has been voluntarily acknowledged in Oklahoma or another state and not rescinded within 60 days;  [10 O.S. §§ 7700-301 through 7700-314]
• (2) the child has a presumed father and a party initiates a challenge more than two years after the child's birth; or  [10 O.S. §§ 7700-204 and 7700-607]  • 4
• (3) paternity has been established by a district or administrative court order.  [10 O.S. § 7700-636]

(c) OCSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity under Section 7700-312 of Title 10 and Sections 1-311 and 1-311.3 of Title 63 of the Oklahoma Statutes.  OCSS also provides several companion forms described in (1) through (4) of this subsection.  The forms include instructions for completion.  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, age 18 years 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 days after the marriage is terminated under Section 7700-204 of Title 10 of the Oklahoma Statutes.  • 5
• (3) Under Sections 7700-307 and 7700-312 of Title 10 of the Oklahoma Statutes, OCSS 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 days after the date of the last signature on Form 03PA209E.  • 3
  • (A) When a person submits Form 03PA211E within 60 days after the date of the last signature on Form 03PA209E, OCSS 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 OCSS past the 60-day time period, OCSS sends a letter to the person who submitted Form 03PA211E informing the person that the rescission is invalid because it was not timely submitted.
• (4) Under Sections 7700-307 and 7700-312 of Title 10 of the Oklahoma Statutes, OCSS provides Form 03PA213E, Rescission of Denial of Paternity, for a person to use 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 days after the date of the last signature on Forms 03PA209E and 03PA210E.  • 5
  • (A) When a person submits Form 03PA213E to OCSS within 60 days after the date of the last signatures on Forms 03PA209E and 03PA210E, OCSS 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 OCSS past the 60-day time period, OCSS sends a letter to the person who submitted Form 03PA213E informing the person that the rescission of denial is invalid because it was not timely submitted.

(d) When OCSS establishes paternity against an alleged father or with a custodial person, either of whom is a servicemember, OCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.  • 6

(e) When OCSS has the cooperation of a deceased alleged father's relatives, OCSS 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, Sections 7700-501 through 7700-511 of Title 10 of the Oklahoma Statutes.  • 7

(f) OCSS establishes paternity against an alleged father who is disabled and receiving monthly Supplemental Security Income before reviewing the case for possible closure under OAC 340:25-5-123.

(g) When a default paternity order has been entered and either party contacts OCSS in writing within 30 days of entry of the default order, OCSS 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, OCSS pursues genetic testing and vacates or amends the default order as necessary based on findings. • 8