F. v. H.

This is a filiation proceeding. In his appeal defendant ("H.”) contends that the trial court erred in holding that the defendant was the father of "a child born out of wedlock.”

The plaintiff-mother ("F.”) was married to a Mr. "F.” (not the defendant) at the time of the birth of the child. At the time she filed the filiation petition to provide for child support, the plaintiff had divorced Mr. "F.”.

ORS 109.125(1)(a) provides:

"(1) Any of the following may initiate proceedings under this section:

"(a) A mother of a child born out of wedlock or a female pregnant with a child who may be born out of…