The Oklahoma Bar Journal January 2026

adjudication of parentage if the child is identified as being of the marriage or if the spouse is ordered to support the child. 31 If the adjudi cation is overturned, the father’s legal status shifts from being an adjudicated father to an acknowl edged or presumed father, and the court may be able to hear the challenge pursuant to the Article 6 challenge procedures discussed above. GUARDIAN AD LITEM Once the court makes a finding that it can hear a challenge under §308 or §607 of the UPA, the next step is to determine if a guardian ad litem (GAL) is necessary. A GAL shall be appointed when the child is over two years of age unless proceeding under 10 O.S. §7700 607(B). A GAL may be appointed at the court’s discretion or the parties’ request. 32 Once a GAL is appointed, the parties should allow time for 1) the GAL to meet with the parties, including the child, and prepare a written report regarding the factors influencing whether genetic testing should occur, 33 2) the parties to review the GAL report, 3) the matter to be set for hearing on best interest factors and estoppel 34 and 4) the court’s decision on whether genetic test ing is appropriate. To disprove the parentage of a child having a presumed, acknowledged or adjudicated father, court-ordered genetic test ing is required after a successful challenge described above and a determination by the court that genetic testing is in the child’s best interests as described in detail below. 35 The results of genetic testing must identify the biological GENETIC TESTING

Knowing and asking the essential questions, followed by making a timeline of the relevant parentage facts, is the best way to uncover these important facts and organize fact patterns that are often messy and overlapping.

and biological mother agree to adjudicate the biological father’s parentage in accordance with UPA §§608 and 636. 26 A final order under this section shall not leave the child without an adjudicated or acknowledged father. 27 The court may hear a chal lenge to a legal presumption or an acknowledgment of paternity on the basis of fraud 28 as long as the challenge is filed before the child’s 18th birthday. 29 The court must find that fraud is proven by clear and convincing evidence. If the court finds that the challenger has failed to prove fraud by clear and con vincing evidence, the court lacks the authority to hear the parentage challenge under this subsection. This section does not confer juris diction to hear a challenge made by an adjudicated father. Finally, in the case of an adju dicated father, a challenge to the adjudication can be made only under the law of this state relating to appeal, vacation of judgments or other judicial review. 30 In a divorce proceeding, absent language showing a proper rebuttal, the court is deemed to have made an

ability to hear and adjudicate a paternity challenge is limited by the applicable statute of limita tions. In an Article 3 challenge of an acknowledgment of paternity, the court may hear the challenge if it is filed within two years after the acknowledgment is executed and the court finds duress 21 or material mistake of fact 22 by clear and convincing evidence. 23 This challenge shall be conducted in the same manner as an Article 6 challenge. 24 In Article 6 challenges, the court may hear a challenge to a presumption of parentage if the child is under the age of two or if the child is over the age of two and the court finds the presumed parent neither cohabited nor engaged in sexual intercourse with the mother at the probable time of conception and never held the child out as his own. 25 The court may also hear an action seeking to disprove the father-child relationship between a child over two years of age and the child’s presumed or acknowl edged father if the court finds that the biological father, pre sumed or acknowledged father

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.

32 | JANUARY 2026

THE OKLAHOMA BAR JOURNAL