Okla. Stat. tit. 10 § 7700-608

Current through Laws 2024, c. 453.

Section 7700-608 - Motion for genetic testing

A. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court shall deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father if the court determines that:

1. The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and

2. It would be contrary to the child's best interests to disprove the father-child relationship between the child and the presumed or acknowledged father.

B. In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

1. The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;

2. The length of time during which the presumed or acknowledged father has assumed the role of father of the child;

3. The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;

4. The nature of the relationship between the child and the presumed or acknowledged father;

5. The age of the child;

6. The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;

7. The nature of the relationship between the child and any alleged father;

8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and

9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.

C. In a proceeding to disprove the father-child relationship between a child over two (2) years of age and the child's presumed or acknowledged father, the court shall appoint a guardian ad litem to represent the child prior to ruling on a motion seeking an order of genetic testing. If the child is under two (2) years of age, or if the proceeding is brought under subsection B of Section 7700-607 of this title, the court may, at its own discretion or upon request by any party, appoint a guardian ad litem to represent the child.

D. If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.

Okla. Stat. tit. 10, § 7700-608

Amended by Laws 2014 , c. 96, s. 2, eff. 11/1/2014.

Added by Laws 2006 , HB 2967, c. 116, §41, eff. 11/1/2006.