Oregon Statutes 432.253 – Adding or changing biological parent on original record of live birth; rules; fees
(1) If an original record of live birth for a person at least 21 years of age was sealed under ORS § 432.245 and was later opened under ORS § 432.250, and the paternity or parentage of the person has been determined by DNA (deoxyribonucleic acid) testing or by other means, the person may apply to the Center for Health Statistics to add or change the name of a biological parent on the original record of live birth.
Terms Used In Oregon Statutes 432.253
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
- Registration: means the process by which vital records and reports are accepted and incorporated into the official records of the Center for Health Statistics. See Oregon Statutes 432.005
(2) An application under this section must include:
(a) Evidence of a DNA test or other evidence that shows that the person whose name is to be entered as a biological parent is the biological parent of the applicant; and
(b)(A) If the person whose name is to be entered as a biological parent is living, an affidavit attesting that the person is a biological parent of the applicant and that the name to be entered is that of the biological parent that was omitted from the original record of live birth; or
(B) If the person whose name is to be entered as a biological parent is deceased, an affidavit from the personal representative or a relative of the person attesting that the person is a biological parent of the applicant and that the name to be entered is that of the biological parent that was omitted from the original record of live birth.
(3) If the name of a biological parent is entered on an original record of live birth under this section:
(a) A person may only obtain a noncertified copy of a record of live birth amended under this section.
(b) A notation indicating that the record was amended must be shown on all copies of the record.
(c) The center shall prominently display the following language on all copies of the record: ‘THIS RECORD OF LIVE BIRTH MAY NOT BE USED FOR ANY LEGAL PURPOSE AND DOES NOT CREATE ANY LEGAL RIGHTS FOR THE CHILD OR THE PARENTS LISTED ON THE RECORD.’
(4) The center shall adopt rules regarding:
(a) The establishment and collection of fees for the preparation and registration of an amended original record of live birth and for the issuance of a noncertified copy of an amended original record of live birth under this section.
(b) Consent and affidavit forms, proof of identification requirements and the evidentiary requirements to substantiate that a person is an omitted biological parent of an applicant under this section. [2023 c.157 § 2]
[Repealed by 1983 c.709 § 45]
[Amended by 1981 c.6 § 1; repealed by 1983 c.709 § 45]
[Repealed by 1983 c.709 § 45]
[2005 c.769 § 1; renumbered 432.148 in 2013]
[Repealed by 1983 c.709 § 45]
[Repealed by 1983 c.709 § 45]
[Repealed by 1983 c.709 § 45]
[1995 c.514 § 3; 1997 c.783 § 26; 2013 c.366 § 11; renumbered 432.093 in 2013]
[1995 c.514 § 4; 1997 c.783 § 27; 1999 c.80 § 21; 2009 c.595 § 615; 2013 c.366 § 12; renumbered 432.098 in 2013]
[1995 c.514 § 4a; renumbered 432.103 in 2013]
[1981 c.221 § 3; 1983 c.709 § 18; 1995 c.514 § 6; renumbered 432.235 in 1995]
PRESERVATION OF VITAL RECORDS