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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10, § 10-7700-607: Two-year limitation in proceedings with presumed

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  1. OK Code
  2. Title 10

father - Exception.

A. Except as otherwise provided in subsection B of this

section, a proceeding brought by a presumed father, the mother, or

another individual to adjudicate the parentage of a child having a

presumed father shall be commenced not later than two (2) years

after the birth of the child.

B. A proceeding seeking to disprove the father-child

relationship between a child and the child's presumed father may be

maintained at any time in accordance with Section 7700-608 of this

title if the court, prior to an order disproving the father-child

relationship, determines that:

1. The presumed father and the mother of the child neither

cohabited nor engaged in sexual intercourse with each other during

the probable time of conception; and

2. The presumed father never openly held out the child as his

own.

C. A proceeding seeking to disprove the father-child

relationship between a child and the child's presumed or

acknowledged father may be maintained at any time if the court

determines that the biological father, presumed or acknowledged

father, and the mother agree to adjudicate the biological father's

parentage in accordance with Sections 7700-608 and 7700-636 of this

title. If the presumed or acknowledged father or mother is

unavailable, the court may proceed if it is determined that diligent

efforts have been made to locate the unavailable party and it would

not be prejudicial to the best interest of the child to proceed

without that party. In a proceeding under this section, the court

shall enter an order either confirming the existing father-child

relationship or adjudicating the biological father as the parent of

the child. A final order under this subsection shall not leave the

child without an acknowledged or adjudicated father.

D. A proceeding seeking to disprove the father-child

relationship between a child and the child's presumed or

acknowledged father may be maintained at any time before the child

is eighteen (18) years of age on the basis of fraud as defined in

Section 7700-102 of this title. A party bringing a challenge under

this section has the burden of proving fraud by clear and convincing

evidence. Upon a finding of fraud, the court shall conduct a best-

interest hearing to determine if genetic testing should be ordered

pursuant to Section 7700-608 of this title. Court-ordered genetic

testing shall be performed prior to an order of nonparentage under

Sections 7700-621 and 7700-631 of this title. Any genetic test

performed shall be in accordance with Sections 7700-501 through

7700-511 of this title.

1. The cost of the genetic testing to disprove parentage shall

be advanced by the individual challenging parentage;

2. In a court order of nonparentage, a noncustodial parent has

no right to reimbursement for child support and medical support

payments made under a child support order; and

3. The court shall order the State Department of Health,

Division of Vital Records, to amend the birth record of the child,

if appropriate.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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