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The Oregon 45 21 form, officially known as the Voluntary Acknowledgment of Paternity Affidavit, plays a crucial role for non-married parents in establishing paternity in the state of Oregon. Effective from September 11, 2014, this form is designed for mothers who wish to acknowledge the father of their child when they are not married. It must be signed by both parents in the presence of a notary public, ensuring that the acknowledgment is legally binding. Importantly, the form can be completed outside of a hospital or birthing facility, but it must be filed within specific time frames to avoid additional fees. Parents should be aware that if the mother was married within 300 days prior to the child’s birth, her husband is presumed to be the father, regardless of biological ties, unless a court order states otherwise. The form also outlines specific conditions under which it becomes invalid, such as if either parent has relinquished parental rights or has signed an adoption consent. After filing, parents have a 60-day window to rescind the acknowledgment if they have doubts about the paternity. The process also includes important instructions on how to fill out the form correctly to avoid rejections, highlighting the necessity of completing all fields and ensuring no alterations are made. In essence, the Oregon 45 21 form is a vital document for establishing paternity, protecting the rights of both parents and the child involved.

Common mistakes

  1. Failing to use the correct version of the form. Only forms dated 01/08 or after will be accepted. Any earlier forms will be rejected.

  2. Leaving blank spaces on the form. All fields must be completed. If information is not available, enter "none," "unknown," or "refused" as appropriate.

  3. Not signing the form in the presence of a notary public. Both parents must sign before a notary for the document to be valid.

  4. Incorrectly completing the child’s surname. Any white-out or cross-outs will invalidate the form.

  5. Not providing the maiden surname of the mother. This is a required field and must be filled out correctly.

  6. Failing to complete Sections 1, 2, and 3 with accurate information about the child, mother, and father.

  7. Not discarding the first page of instructions after completing the affidavit. This page should not be sent to the State Vital Records office.

  8. Signing the form on different dates. The date next to the parent’s signature must match the date next to the notary's signature.

  9. Neglecting to verify that names match those on the birth certificate or worksheets. Discrepancies can lead to rejection of the form.

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Listed Questions and Answers

  1. What is the purpose of the Oregon 45 21 form?

    The Oregon 45 21 form, officially known as the Voluntary Acknowledgment of Paternity Affidavit, is used to establish paternity for children born to parents who are not married. This legal document allows both parents to acknowledge the father’s parental rights and responsibilities. By signing this form, the father’s name can be added to the child’s birth certificate, which is important for legal and social reasons.

  2. Who is eligible to sign the Oregon 45 21 form?

    Both parents must sign the form in the presence of a notary public. However, there are specific restrictions. If the mother was married within 300 days prior to the child's birth or at any time during her pregnancy, her husband must be listed as the father unless a court order states otherwise. Additionally, the form cannot be signed if either parent has signed consent for adoption, had parental rights terminated, or has been legally determined not to be the biological parent.

  3. What happens if the form is not completed correctly?

    If the Oregon 45 21 form is incomplete, altered, or not signed in front of a notary, it will be rejected. In such cases, both parents must complete and sign a new form. It is essential to ensure that all required fields are filled out accurately to avoid delays in establishing paternity.

  4. Can either parent rescind the acknowledgment after signing?

    Yes, either parent has the right to rescind the acknowledgment within 60 days of filing the form. To do this, they must complete a “Rescind of Paternity” form and submit it within the specified timeframe. The only valid reason for rescinding is if there is uncertainty regarding the biological father's identity. After this period, the acknowledgment becomes legally binding.

  5. What are the fees associated with the Oregon 45 21 form?

    If the Voluntary Acknowledgment of Paternity is filed within 14 days of the child's birth, there is no fee for adding the father's name to the birth record. However, if filed later, a $30 amendment fee applies. Additionally, a $20 fee is required for obtaining a new certified copy of the birth certificate after the acknowledgment is established.

Form Specifications

Fact Name Description
Effective Date The Oregon 45-21 form became effective on September 11, 2014.
Notarization Requirement The form must be signed in the presence of a notary public to be valid.
Eligibility Criteria The form cannot be used if either parent has signed consent for adoption or had parental rights terminated.
Filing Deadline Forms dated 01/08 or later are accepted. Earlier forms will be rejected.
Rescission Period Parents have 60 days to rescind the acknowledgment by filing a "Rescind of Paternity" form.
Governing Law This form is governed by Oregon Revised Statutes (ORS) 109.070.