{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-238.6b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-238.6B","heading":"Notice of paternity and support obligations - Contents","body":"- Voluntary acknowledgments - Entry of father's name on child's\n\nbirth certificate - Genetic testing - Change of child's surname.\n\nA. The Department of Human Services may serve a notice of\n\npaternity and support obligations on an individual alleged to be the\n\nparent of a child for whom paternity has not been judicially or\n\nadministratively established. Venue for such action shall be, at\n\nthe option of the Department, in the county where the mother, father\n\nor child resides. Service of the notice shall be in the same manner\n\nas a summons in a civil action pursuant to Section 2004 of Title 12\n\nof the Oklahoma Statutes. Both the mother of a child born out of\n\nwedlock and an individual who has been legally determined to be the\n\nfather of a child by acknowledgement or by judicial or\n\nadministrative order are each liable for the support and education\n\nof the child.\n\nB. The notice shall be verified and have attached to it a copy\n\nof any acknowledgment of paternity and shall state:\n\n1. The name and date of birth of any minor children, along with\n\nthe name of the natural mother and custodian, if different than the\n\nmother or alleged father;\n\n2. The amount of child support and other support, including the\n\namounts ordered pursuant to paragraph 3 of this subsection, to be\n\nordered in accordance with the Child Support Guidelines provided in\n\nSection 118 of Title 43 of the Oklahoma Statutes;\n\n3. The amount of reimbursement for the costs of the birth and\n\nthe reasonable expenses of providing for said child which has\n\naccrued or is accruing, provided that the liability for the above\n\ncosts shall be imposed for two (2) years preceding the issuance of\n\nthe notice pursuant to Section 83 of Title 10 of the Oklahoma\n\nStatutes. The mother shall be liable for the reasonable expenses of\n\nproviding for the child to the same extent as the father and subject\n\nto the same limitation of liability for any time she does not have\n\ncustody of the child prior to the establishment of paternity or an\n\norder for support;\n\n4. That either or both parents shall be required to provide\n\nmedical support for the child, which may include health insurance,\n\ncash medical support, or a combination of both, and pay a\n\nproportionate share of medical expenses not reimbursed by insurance;\n\n5. The amount of reimbursement requested for the costs of the\n\ngenetic test to determine paternity, if any;\n\n6. That an immediate income assignment will be effectuated for\n\npayment of current support and any judgments entered;\n\n7. That in the absence of a legally established father pursuant\n\nto the Uniform Parentage Act, a notice to appear and show cause\n\nshall be issued to the alleged father which directs the alleged\n\nfather to appear and show cause why the administrative judge should\n\nnot determine him to be the father of any such children, liable for\n\nthe support requested in the notice, for the costs accrued and\n\naccruing or the amount to be paid thereon;\n\n8. That if paternity is disputed and there is no legally\n\nestablished father pursuant to the Uniform Parentage Act, the\n\nAdministrative Law Judge shall enter an order directing genetic\n\ntests to determine paternity and advise the alleged father that if\n\nhe fails to appear he will be in default and an order will be\n\nentered against him. If the putative father is not excluded, and\n\nthe statistical probability of paternity according to scientifically\n\nreliable genetic tests including, but not limited to, blood tests is\n\nat least ninety-nine percent (99%) and he is contesting the issue of\n\npaternity, he may request the Department to remove the action to\n\ndistrict court to determine paternity. If the statistical\n\nprobability of paternity is ninety-nine percent (99%), and the\n\nfather does not request the Department to remove to district court\n\nwithin fourteen (14) days of the Department mailing the genetic test\n\nor other test results, determination of paternity shall become final\nof\n\npaternity, he may request the Department to remove the action to\n\ndistrict court to determine paternity. If the statistical\n\nprobability of paternity is ninety-nine percent (99%), and the\n\nfather does not request the Department to remove to district court\n\nwithin fourteen (14) days of the Department mailing the genetic test\n\nor other test results, determination of paternity shall become final\n\nfor all intents and purposes and may be overturned only by appeal to\n\ndistrict court. Any such request shall be in writing and served on\n\nthe Department personally or by registered or certified mail;\n\n9. That if the alleged father fails to appear at the genetic\n\ntesting, show cause, or any subsequent hearing or if no notice to\n\nappear for genetic testing was served and no hearing is requested on\n\nor before twenty (20) days from the date of service, the finding of\n\npaternity shall become final and a support order entered. The order\n\nshall be docketed with the district court in the county of residence\n\nof the custodian or the child. If neither the custodian nor the\n\nchild reside in the state, the order shall be docketed in the county\n\nof residence of the noncustodial parent. The support order shall be\n\nenforced in the same manner as an order of the district court;\n\n10. That at any time after paternity is determined, the\n\nDepartment may set a hearing to determine the child support\n\nobligation, if child support has not already been established.\n\nFailure to appear at the hearing will result in a support order\n\nbeing entered against the noncustodial parent; and\n\n11. That if the mother and father have voluntarily signed an\n\nacknowledgment of paternity pursuant to the Uniform Parentage Act,\n\nthe duly executed acknowledgment of paternity is considered a legal\n\nfinding of paternity, subject to the right of any signatory to\n\nrescind the acknowledgment within the earlier of:\n\na. sixty (60) days, or\n\nb. the date of an administrative or judicial proceeding\n\nrelating to the child, including but not limited to a\n\nproceeding to establish a support order, in which the\n\nsignatory is a party.\n\nAfter the sixty-day period referred to in subparagraph a of this\n\nparagraph, a duly executed acknowledgment of paternity may be\n\nchallenged in court only in accordance with the Uniform Parentage\n\nAct. The legal responsibilities, including but not limited to child\n\nsupport obligations, of any signatory arising from the\n\nacknowledgment may not be suspended during the challenge, except for\n\ngood cause shown.\n\nThis paragraph shall not be interpreted to authorize the\n\nrescission of an acknowledgement of paternity if such rescission\n\nwould be prohibited under applicable federal law.\n\nC. The Department may accept voluntary acknowledgments of\n\nsupport liability and support amounts.\n\nD. If the name of the father has not been entered on the\n\nchild's birth certificate, the Department of Human Services shall\n\nnotify the State Department of Health, Division of Vital Records who\n\nshall enter the name of the father, and if known, the date of birth\n\nand the place of birth of the father, on the birth certificate.\n\nE. If child support services are being provided pursuant to\n\nSection 237 of this title, prior to the issuance of the notice of\n\npaternity and support obligation, a father who denies paternity and\n\nis not a legally established father under the Uniform Parentage Act\n\nmay request that a genetic test be administered. The request for\n\ntesting shall be in writing and served on the Department personally\n\nor by registered or certified mail.\n\nF. If a request for testing is made pursuant to subsection B or\n\nE of this section, the Department shall arrange for the test and,\n\npursuant to rules promulgated by the Department, may advance the\n\ncost of the testing. The Department shall mail a copy of the test\n\nresults by a certificate of mailing to the last-known address of the\non the Department personally\n\nor by registered or certified mail.\n\nF. If a request for testing is made pursuant to subsection B or\n\nE of this section, the Department shall arrange for the test and,\n\npursuant to rules promulgated by the Department, may advance the\n\ncost of the testing. The Department shall mail a copy of the test\n\nresults by a certificate of mailing to the last-known address of the\n\nfather. If a request for genetic tests was made pursuant to\n\nsubsection E of this section, the Department shall mail the notice\n\nof paternity and support obligations to the father by certificate of\n\nmailing to the last-known address of the father.\n\nG. If genetic testing pursuant to subsection B or E of this\n\nsection excludes a person from being the biological father of the\n\nchild, the Department shall dismiss any pending court or\n\nadministrative collection proceedings against the person. The State\n\nDepartment of Health, Division of Vital Records shall remove the\n\nname of the person listed as the father from the birth certificate,\n\nupon notice from the Department that the person has been excluded by\n\ngenetic testing. Once paternity is established, the State\n\nDepartment of Health, Division of Vital Records shall correct its\n\nrecords and amend the birth certificate to reflect the name of the\n\nfather.\n\nH. If both the custodian mother and the father agree to change\n\nthe surname of the child to that of the father, the administrative\n\nlaw judge may order the name changed. Upon receipt of an order\n\nchanging the child's surname, the State Department of Health,\n\nDivision of Vital Records shall correct its records and amend the\n\nbirth certificate to reflect the name change.\n\nI. All docketed administrative orders shall be modified and\n\nenforced in the same manner as an order of the district court.\n\nJ. The lump-sum judgment established for support owed prior to\n\nthe establishment of the current support order shall draw interest\n\npursuant to Section 114 of Title 43 of the Oklahoma Statutes.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f39dce7bb830df517674c570df8f7a03f09fc9b5ff93789fbf931400e7dd4cf2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-238.6a","next":"us-ok/okla.-stat.-tit.-56-56-238.7"},"notice":"GroundRules: Original legal text. Not legal advice."}