The Oklahoma Bar Journal January 2026

F amily L aw

Establishing and Disestablishing Paternity Under Oklahoma’s Uniform Parentage Act By Ann Murray and Julie Bushyhead W HETHER YOU ARE COUNSEL FOR THE CHILD, parents, guardians or Child Support Services, cases involving parentage disputes can present fact scenarios that take you on a winding maze and leave your head spinning. The goal of this article is to provide some clarity for navigating complex parentage fact scenarios in accordance with Oklahoma law. This article outlines the requirements of the Uniform Parentage Act (UPA), along with essential questions to ask when analyzing these cases.

300 days after the marriage ends, 7 prior to the marriage and the hus band voluntarily asserts paternity in a record, 8 or if a man lives with a child for the first two years of the child’s life and holds the child out as his own. 9 A presumption of paternity may not be waived. 10 Acknowledged fathers occur when the mother and the biological father of the child sign an acknowl edgment of paternity. 11 If the child’s mother is married to someone who is not the biological father of the child, the acknowledgment signed by the biological father is not valid until the husband signs a denial of parentage. 12 Both the denial and acknowledgment must be signed before the child reaches the age of two. 13 Finally, an adjudicated father is a father determined by a court order.

When a man is a legal father (presumed, acknowledged or adjudicated), he is not entitled to genetic testing unless successful in a challenge, and genetic testing is ordered by the court. 14 When a child already has a legal father, any results of genetic testing are inadmissible absent an order for genetic testing that complies with §7700-608. 15 A legal father may be entitled to genetic testing if he successfully challenges his legal paternity. In order to raise a chal lenge, a party with standing must file a timely and proper challenge in accordance with Article 6 of the UPA. 16 If the child already has a legal father, a court may not adjudicate another man’s parent age prior to a successful challenge of the underlying presumption, acknowledgment or adjudication.

The UPA was enacted in Oklahoma in 2006. It provides a framework for establishing the par entage of a minor child. According to the UPA, there are four types of fathers: alleged, 1 presumed, 2 acknowledged 3 and adjudicated. 4 A father-child relationship is created by an unrebutted presumption, an acknowledgment of paternity, adju dication, adoption or as otherwise provided by law. 5 Alleged fathers are just that – someone alleged to be the father of a child. A presumed father is rebut tably presumed to be the father of a child by operation of law. There are four legal presumptions under the UPA. 6 A man is presumed to be the father of a child if the child is born during the marriage, within TYPES OF FATHERS

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

30 | JANUARY 2026

THE OKLAHOMA BAR JOURNAL