Under Oklahoma law, paternity can be established in four ways:
- The father is married to the mother or lives with the mother until the child is two years old (“presumptive father”);
- The father and mother sign an Acknowledgment of Paternity (AOP)(“acknowledged father”);
- The father is determined to be the father in a court or administrative proceeding (“adjudicated father”); or
- The father adopts the child (“adoptive father”).
If the child has a presumed, acknowledged, or adopted father, CSS cannot establish paternity for another man through the court or administrative process, even if all parties agree.
Questions to ask :
- Was mother married when child born? To named father? To another man?;
- Is the mother claiming another man (not husband) is father?;
- Have parties signed Denial of Parentage and AOP forms?; and
- Is there a signed AOP with no recession, or previous court action?
10 O.S. § 7700-101 & following
56 O.S. § 238.3B
OAC 340:25-5-176 & 176.1