Handout # 2

PATERNITY DISESTABLISHMENT STATE TABLE

State:

Presumed Father:

Presumption of

Paternity:

Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:

Reason for Challenge:

Level of Proof:

UPA:

State:

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

ALABAMA

Section 26-17-607: File any time. Presumption of paternity is rebutted by a court decree establishing paternity of the child by another father. Presumption of paternity 26-17-204.

26-17-204 A child conceived or born during a marriage or within 300 days of the marriage

Sec. 26-17-307: 60 days or the date of the first hearing the signatory is a party to adjudicate child related issues.

26-17A-1: Must file an action in the courts to challenge. And

Section 26-17-308 After Expiration of period of rescission.

Section 26-17-608 Estoppel to deny paternity

Re-open a paternity case: if there is genetic testing proving that the legal father is not the father.

After expiration of period for rescission: a. Fraud, duress, Material Mistake of fact. b. 0r presenting genetic testing as evidence.

Clear & Convincing Evidence

Title 26, Chapter 17 UPA

ALASKA

Sec. 25.20.050: Putative father marries the undisputed parent of the child. Child was born during a marriage.

Time Frame:


Level of Proof:

UPA:

State:

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Sec. 25.20.050(l): Rescission within 60 days of the signing of the acknowledgment or by the first hearing related to the child or to establish child support.

Sec. 25.27.166: If paternity was established other than by court order and not established by genetic testing or acknowledgment of paternity or an admission of paternity. AS 25.27.165

Sec. 25.20.050(e)(2)(B): In proceedings in which paternity is contested a petition is filed in the courts with an attached sworn statement denying paternity.

Sec. 25.27.166(b)(2): Within 3 yrs of child’s birth or 3 yrs after a the father finds out he is not the father whichever is later

Acknowledgements may only be contested in Superior Court upon fraud, duress, or material mistake.

Clear and Convincing

ARIZONA

Sec. 25-814C: The presumption of paternity can be rebutted by clear and convincing evidence or a Court decree establishing paternity of the child by another man rebuts the presumption.

Title 25-814: Parties married within 10 months immediately preceding the birth or within 10 months after the marriage is terminated.

There is genetic testing of a probability of paternity of 95% or higher.

Signed Acknowledgment of paternity.

Title 25-812E: 60 day period of rescission or during a proceeding in the court related to the child for which the signatory is a party and/or that could address child support. By Judicial challenge.

Shall require genetic testing


Time Frame:


Level of Proof:

UPA:

State:

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State:

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Fraud, duress or material mistake of fact


ARKANSAS

9-10-115: within 60 days of filing a rescission form or within the date of the first hearing on child related issues.

May challenge the Acknowledgment of Paternity after the rescission period for cause.

Fraud, duress, or material mistake of fact.

CALIFORNIA

A party may file a motion to grant a judgment to set aside the presumption of paternity. CA Code Sec. 7647(D)

CA Code Sec 7540: The child is presumed to be a child of a marriage

Time Frame:


Level of Proof:

UPA:

State:

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

CA Code Sec. 7575: 60 days from the date of signing. Or Unless there is a custody or child support order or Two years from the date of birth of the child.

CA Code Sec. 7575(b)(1): Court finds that the conclusions of the GT results may set aside the Voluntary Declaration of paternity.

CA Code Sec. 7646(a) Filing a motion by either party

Within 2 years from the time the father knew of a judgment establishing paternity.


COLORADO

C.R.S 14-10-106: Child born during a marriage. Dissolution of marriage provides for support of the child by the husband unless paternity is specifically disclaimed in the order.

Paternity is not adjudicated for a child not mentioned in the final order.

CSR 19-4-105: Parties are or have been married or with 300 days of the termination of the marriage.

Before the child’s birth the parties married. After the child’s birth the parties married. Valid Acknowledgment of Paternity

CRS 19-4-105 (2)(b): 60 days rescission period Or at the time of the judicial hearing related to the child or court case for child support.

May rebut the presumption of paternity in an appropriate action. Or by the court determining the paternity of the child with another man.


Time Frame:


Level of Proof:

UPA:

State:

Presumed Father:

Or Best interest of the child.

A legal finding of paternity may be challenged in court only on the basis of fraud, duress, or mistake of material fact.

Clear and convincing evidence

Title 19, Article 4 Uniform Parentage Act

CONNECTICUT

Paternity action can be filed by a married woman but begotten by a man other than her husband.

Divorce, dissolution where the child was found not to be an issue of the marriage

6 CS 156 : A child born to a married woman during wedlock is legitimate is only a presumption and not absolutely conclusive Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State:

Presumed Father:

Sec.46B-172(2): 60 days to rescind or before the child support order enters.

Sec. 46B-171(6)(b): Reopened Judgment of Paternity

Use of Genetic testing


DELAWARE

13-8-302 (3) A presumed father may be listed on the Acknowledgment of Paternity when executed.

13-8-303: The presumed father must file a denial of paternity. May sign or authenticate an affidavit of paternity

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

13-8-307: 60 days or the first hearing to adjudicate an issue relating to the child or child support

13-8-308: AOP = 2 years after the acknowledgement is signed or on the basis of fraud, duress, material mistake of fact

Time Frame:


Level of Proof:

13-8-606: At any time

13-8-607: If there is a presumed father the action must commence within two years of the child’s birth.

13-8-637: Based on fraud or duress or material mistake of fact.


UPA:

State

Presumed Father:

Presumption of

Paternity:


Title 13 Domestic relations Chapter 8 UPA

DISTRICT OF COLUMBIA


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

FLORIDA

Title XLIII.742.18: Disestablishment of paternity or a divorce judgment

An affidavit acknowledging Paternity or Parties are married.

Title XLIII.742.10(4): 60 days from the date of signature or the hearing to adjudicate the issues of child support or child related issues.

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Title XLIII.742.18: Male may challenge by filing a petition with an affidavit setting forth the newly discovered evidence. Genetic testing completed within 90 days of the petition. Must be current on his child support.

Title XLIII.742.18(3): Based on fraud or duress or material mistake of fact. Courts shall not set aside paternity when: The male after finding out he is not the biological father married the mother of the child and acted as the father of the child or signs an affidavit acknowledging he is the father. Consented to having his name put on the birth certificate as the father.

GEORGIA

OCGA 19-7-20: May be disputed by clear proof to establish that the child is not an issue of the marriage

OCGA 19-7-21.1: Legal father: Legally adopted the child. Married the mother at the time the child was conceived or born.

Been determined to be the father by final paternity order. Voluntary acknowledgment of legitimation.

19-7-46.1 No process Specified

OCGA 19-7-54: Motion to set aside determination of paternity

OCGA 19-7-54: Courts shall not set aside paternity when: The male after finding out he is not the biological father married the mother of the child and acted as the father of the child or signs an affidavit acknowledging he is the father.

Consented to having his name put on the birth certificate as the father.

Clear and Convincing or Genetic test results completed within 90 days of filing the motion.

HAWAII


Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


CH 584-4: The parties married or attempted to marry by a marriage solemnized in apparent compliance with law and the child was born during the married or 300 days after the marriage was terminated or found to be invalid.

Acknowledged his paternity of the child in writing.

Received the child into his home and held the child out as his natural child.

Genetic testing with a probability of paternity of 99% or higher.

Signed a written Voluntary acknowledgment of paternity

Ch 584.3.5(e)(1),(2): a 60 day rescission period or before the date of any judicial or administrative proceedings to address child related issues.

CH 584-4(b): Rebutted by an appropriate action

The presumption is rebutted by a court decree establishing paternity of the child by another man.


Vol. 12, Sec. 584

IDAHO

Title 7, Ch. 11, 7-1119: Husband provides genetic testing and the mother and biological father sign an acknowledgment of paternity

Title 12, Ch 10, 32-1006: A child born prior to a marriage is legitimate upon the subsequent marriage of its parents.

Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

Title 7, Ch 11, 7-1106(1)(a),(b): 60 days after the acknowledgment is filed or the date of an administrative or judicial proceeding related to the child.

Title 7, Ch. 11, 1106(2) in court

Title 12, Ch 10, 32-1009: Fraud: The mother knowingly misrepresented the paternity of the child. The moving party by clear and convincing evidence proves he is not the biological father. Acknowledgement of Paternity = Fraud, Duress or Material mistake of fact.

ILLIONIS

750 ILCS 45/5 Section 9.1: Notice to the presumed father must be sent by the clerk of the court to the address found in the affidavit in support of the paternity petition

750 ILCS 45/5: Both parents married even if the marriage could be invalid.

After the child’s birth the parents married each other even if the marriage could be invalid. He and the natural mother signed an

Acknowledgment of paternity or Acknowledgment of parentage.

750 ILCS 45/5 (b)(1): 60 days after the date the Acknowledgment of parentage is signed or the date an administrative or judicial proceeding related to the child.

750 ILCS 45/5: Rebuttable presumption

750 ILCS 45/5 Sec. 8: the person has two years after evidence proves his is not the father.

750 ILCS 45/6 (b): Fraud duress or material mistake of fact.

750 ILCS 45/5: Clear and Convincing


UPA:

State

Presumed Father:

Presumption of

Paternity:

750 ILCS 45

INDIANA

IC 31-14-7-1: The biological father and the mother are or have been married to each other.

Child is born during the marriage or 300 days after the termination of the marriage.

Even if the marriage is voidable

The man completed genetic testing with a probability of paternity of 99%

The biological father takes the child and the mother into his home and holds himself out to be the father.

Executes a Paternity Affidavit

IC 16-37-2-2.1(k): 60 day period for rescission. Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

IC 16-37-2-2.1(k): Judicial proceeding requesting genetic testing

IC 16-37-2-2.1(l)(1): Fraud duress or material mistake of fact.

IOWA

IA CH 1171 600B.41A: Established legal father or mother can file a petition to overcome paternity

IA 1171 598.21E: If the prior determination of paternity is based on an affidavit of paternity filed pursuant to section 252A.3A or a court or administrative order entered in this state, or by operation of law when the mother and established father are or were married to each other, the provisions of section 600B.41A

252A.3a & 600B.41A: with 60 days of the last signature by filing the standard rescission form Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:


IA CH 1171 600B.41A: Paternity which is legally established may be overcome as provided in this section if subsequent blood or genetic testing indicates that the previously established father of a child is not the biological father.

Up until the child reaches the age of majority.

IA CH 1171 600B.41A.f.(1): If paternity was established pursuant to section 252A.3A the signed affidavit was based upon Fraud, duress, or material mistake of fact.

Level of Proof:

UPA:

State

Presumed Father:

KANSAS

Presumption of

Paternity:

CH 2011 23-2208: The mother and the presumed father are married to each other even if the marriage is void or voidable, between 300 days before the child’s birth or after the child’s birth.

A voluntary acknowledgment of paternity was filed by the mother and the presumed father.

With the man’s consent he is named on the birth certificate.

Rescission of Voluntary 38-1138 with 60 days of the last signature the person wishing to rescind must file a request with the court. Revoked by fraud, duress or an


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame: important mistake of fact.

Provided in subsection (c).

The child turns 18 unless the court determines the child was over 1 year of age and not in the best interest of the child.

KENTUCKY

KSR 213.046: Mother is married at the time of the birth of the child = the husband, the mother and the biological father can sign a three way Affidavit of Paternity.

KRS 406.025: Voluntary Acknowledgment of paternity affidavit

KRS 406.011: A child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife or the marriage ceased 10 months prior to the birth of the child with evidence to prove it.

KRS 406.025: Rebuttable presumption for the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child.

KRS 406.021: Judicial Challenge

KRS 406.91: Genetic Testing to contest a determination of paternity

LOUISIANA

The child was born during a marriage. Section RS 9:399.1 does not apply to a child born during a marriage.

RS 9:406: 60 days from the date of signing the Affidavit of Paternity or in a judicial hearing limited to the purpose of revoking the acknowledgment or in a judicial hearing relating to the child.

RS 9:392A(7)(a) (i),(ii): 60 days after the signing of the act or in a judicial hearing related to the child.


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

RS 9:399.1: An adjudicated father, the mother or the child may petition the court to vacate a judgment of paternity.

RS 9:399.1: Within 2 years commencing with the date on which the adjudicated father knew or should have known of a judgment that established him as the father of the child or a pending action whichever is first.

If outside the time for revocation of Affidavit of paternity based upon duress, fraud or mistake of fact.


MAINE

An alleged father or a mother may rebut the presumption of paternity contained in section 1561, subsection 1, paragraph D by clear and convincing evidence which is the genetic test results.

The presumption of legitimacy provided in the Maine Rules of Evidence, Rule 302 does not apply if:

A. The experts conclude that reliable blood or tissue tests show that the presumed father is not the biological parent of the child; with a

PATERNITY DISESTABLISHMENT STATE TABLE probability of paternity of 97% or higher.

Title 19-A-1616 No process specified. Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Judicial Challenge

Genetic test results prove that the presumed father is not the father.

Clear and Convincing.

Title 19-A, Sec1560

MARYLAND

MD 5-1027: Rebuttable presumption that the child is the legitimate child of the man to whom its mother was married at the time of conception.

MD 5-1028(d)(1): With 60 days after execution of the Affidavit or in a judicial proceeding relating to the child in which the signatory is a party.

MD 5-1027: At trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child. The presumption set forth in this subsection may be rebutted by the testimony of a person other than the mother or her husband.

MD 5-1028(d)(2): After the expiration period to revoke the Affidavit only by Fraud, Duress, or material mistake of fact.

MD 5-1038: A Declaration of paternity may be modified or set aside by using Genetic testing or best interest of the child.

MASSACHUSETTS

MS Part II, Title III, CH 209C, Sec. 6: The presumed father must be joined as a party to an action to establish paternity.

MS Part II, Title III, CH 209C, Sec. 6: He is or has been married to the mother and the child was born during the marriage or within 300 days after the marriage was terminated.

Before the birth of the child’s birth, he married or attempted to marry the mother of the child.

He agreed to support the child under a written voluntary promise.

The parties lived together as a family unit.

He signed an acknowledgment of Paternity

Part II, Title III, CH 209C, Section 11: 60 day rescission period or at the administrative or judicial proceeding related to the child.

If the signatory fails to challenge the affidavit of parentage at the time of the proceeding then the acknowledgment shall thereafter have the same force and effect as a Judgment.

Part II, Title III, CH 209C, Section 11: One year from the date the Affidavit was signed.

Part II, Title III, CH 209C, Section 11: Fraud, Duress or material mistake of fact


Level of Proof:

UPA:

State

Presumed Father:

MICHIGAN

722.1441 sec 11(2): The Presumed father may petition the court during a divorce proceeding to obtain an exclusion stating that he is not the legal father of the child.

Parties were married at the birth and conception of the child. Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

None

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

722.1439: to set aside a determination or 722.1437: to set aside an Acknowledgment. Or 722.1441: to eliminate the presumed father.

Challenge may be filed by the mother the alleged father, the acknowledged father or the presumed father.

722.1441 sec. 11: The mother or acknowledged father may file within three years of the child’s birth, all parties appear and acknowledge the relationship of the bio dad; or Mother identifies alleged father, the child is less than three years old or presumed father having the ability to support has not supported for 2 years; or The alleged father may file at anytime.

722.1437: Mistake of fact. Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed. Fraud. Misrepresentation or misconduct. Duress in signing the acknowledgment.

722.1437(4)(5) Court to order genetic testing Petitioner has burden by Clear and Convincing evidence.

None

MINNESOTA

MS 257.75 Subd. 1a: Joinder in recognition by husband.

MS 257.55 Sub 1: He and the child’s biological mother are or have been married to each other and the child is born during the marriage or within 280 days after the marriage is terminated.

He and the child’s mother attempted to marry or marry before the child’s birth or after the birth of the child or within 280 days after it’s termination of the marriage.

He acknowledged his paternity of the child in writing or executed recognition of parentage.

He is obligated to support the child under a written voluntary promise or by court order.

He took the child into his home and openly holds the child as his biological child.

MS 257.75 subd 2: 60 days from the date the recognition was signed or the date of the administrative or judicial hearing relating to the child in which the revoking party is a party to related action.

MS 257.55 Subd 2: Rebuttal: A presumption under this section may be rebutted in an appropriate action.

MS 257.55 subd 2: By clear and convincing evidence. The presumption is rebutted by a court decree establishing paternity of the child by another man.

MISSISSIPPI


Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

MCA 93-9-28 (2): One year or the date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.

MCA 93-9-28 (2)(b): After the expiration of the one year period a signed voluntary acknowledgement of paternity may be challenged in court only.

MCA 93-9-10: The legal father files a petition to set aside the determination of paternity unless he knew that he was not the biological father and married the mother or cohabitated with the mother and child or signed a stipulated agreement of paternity that has been approved by order of the Court.

Failed to appear for a scheduled genetic testing draw pursuant to a valid court order compelling him to submit to genetic testing.

MCA 93-9-28 (2) (b): Basis of fraud, duress, or mistake of fact with the burden of proof on the challenger.

MCA 93.9.28

MISSOURI

MRS 210.822: He and the child’s natural mother are or have been married to each other and the child is born during the marriage or within

300 days after the termination of the marriage or if the marriage is invalid 300 days from the date the parties terminated cohabitation.

He has acknowledged his paternity of the child in writing filed with the bureau.

With his consent he is named as the father on the child’s birth certificate.

He is obligated to support the child pursuant to a written voluntary promise or by court order

Genetic testing with a probability of 98% or higher.

MRS CH 210.823: 60 days from the date of the last signature or the date of an administrative or judicial proceeding to establish a support order in which the signatory is a party.

MRS CH 210.823: Challenge in court after the rescission period expires.

MRS 210.822 2: A presumption pursuant to this section may be rebutted in an appropriate action.

MRS 210.823: Fraud, duress, or Mistake of fact.

MRS 210.822 2.: Clear and Convincing Evidence

MONTANA

If there is a presumed father, the presumed father must be made a party to the action. MCA 40-6-105: If there is a presumed father, the biological father and the mother may execute an affidavit of parentage upon written consent of the presumed father.

MCA 40-6-203: A child is legitimatized by marriage of the parents.

MCA 40-6-201: Legitimacy of children born in wedlock. All children born in wedlock are presumed to be legitimate.

MCA 40-6-202: All children of a woman, who has been married, born within 10 months after the dissolution of the woman’s marriage, are presumed to be legitimate children of that marriage.



Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:

60 days from the date the acknowledgment was signed or a judicial or administrative proceeding enters an order for paternity or child support which includes the signatory.

YES

MCA 40-6-108 An action may be commenced at anytime for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105

Fraud, Duress or material mistake of fact

Preponderance of the Evidence or Genetic testing.

NEBRASKA

42-377: Legitimacy: Children born to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled shall be legitimate unless otherwise decreed by the court, and/or all children conceived before the commencement of the suit shall be presumed until the contrary is shown.

42-1409: (1) 60 days or (2) the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order in which the signature is a party.

43-1412.01: A petition may be filed to set aside a final judgment, court order, administrative order, or any other legal determination of paternity if a scientifically reliable genetic test is preformed. This section does not apply to paternity established by voluntary acknowledgment of paternity, adoption of the child, or knew the child was conceived through artificial insemination.

Acknowledge of paternity—rebuttable presumption for fraud, duress or material mistake of fact with the burden of proof on the challenger.

Genetic test results pursuant to sec. 42-1401 to 43-1418.

NEVADA

NRS 126.101 a presumed father must be made a party to an action filed under this section.

NRS 126:051: He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within

285 days after the marriage is terminated. He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception. Before the child’s birth, he and the child’s natural mother have attempted to marry each other by law although the attempted marriage is invalid or could be declared invalid and the child was born during marriage or within 285 days after the termination of the marriage by court order or without a court order the child was born during the marriage or within 285 days after the termination of cohabitation. He receives the child into his home and openly holds out the child as his natural child. Genetic testing proves he is the father by a probability of paternity of 99% or higher.

NRS 126.053: Within 60 days after the acknowledgment is signed by both persons: or before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding, whichever comes first.

NRS 126.051: 3. Filing an appropriate action or the presumption is rebutted by a court decree establishing paternity o the child by another man.

NRS 126.081: An action to declare the nonexistence of the father child relationship is not barred until 3 years after the child reaches the age of majority.



Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

AOP: Fraud, Duress, or material mistake of fact.

NRS 126.051: Clear and Convincing Evidence.

NEW HAMPSHIRE

RSA 522:5: child born during wedlock may be overcome by Genetic testing. RSA 522:4,I(d): states that genetic testing can be used to prove that the husband is not the father.

RSA 5-C:28: Within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results in an earlier date.

An Affidavit of paternity can be challenged in court after the 60 day rescission period.

Genetic testing as proof that the alleged father or presumed father is not the father.

168-A Uniform Act On Paternity

NEW JERSEY

9:17-43: He and the child's biological mother are or have been married to each other and the child is born during the marriage, or within

300 days after the marriage is terminated; Before the child's birth, he and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination; or if the attempted marriage is invalid without a court order, the child is born within 300 days after the termination or cohabitation; After the child's birth, he and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: he has acknowledged his paternity of the child in writing filed with the local registrar of vital statistics; he has sought to have his name placed on the child's birth certificate as the child's father, pursuant to R.S.26:8-40; or he openly holds out the child as his natural child; or he is obligated to support the child under a written voluntary agreement or court order; While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; While the child is under the age of majority, he provides support for the child and openly holds out the child as his natural child; or He acknowledges his paternity of the child in a writing filed with the local registrar of vital statistics and the mother consents and the presumed father consents in writing.

26:8-30: Within 60 days from the date of the signing of the Certificate of Parentage or by the date of the establishment of support order to which the signatory is a party, whichever date is earlier.

9:17-43: The presumption is rebutted by a court order terminating the presumed father's paternal rights or by establishing that another man is the child's biological or adoptive father.

Based upon Fraud, Duress or Mistake of Fact.



State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

NEW MEXICO

40-11A-303: A presumed father may sign a denial of his paternity. The denial is valid only if: An acknowledgment of paternity signed or otherwise authenticated by another man. The presumed father has not previously acknowledged his paternity, or the acknowledgment has been rescinded.40-11A-304.

40-11A-307: 60 days after the effective date of the acknowledgment or denial. In the case of a minor, 60 days after their eighteenth birthday or 60 days after the effective date of the acknowledgment or denial whichever is later. Or the date of the first hearing, in a proceeding to which the signatory is a party, on issues relating to the child, including a proceeding that establishes support.

40-11A-204: He and the mother of the child are married to each other and the child is born during the marriage. He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated. Before the birth of the child, he and the mother of the child married each other by law, even if the attempted marriage could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination. After the birth of the child, he and the mother of the child married each other in by law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child. For the first two years of the child’s live, he resided in the same household with the child and openly held out the child as his own.

A presumption of paternity established pursuant to 40-11A-204 may be rebutted only by adjudication pursuant to Article 6, 40-11A-601.

40-11A-609- Acknowledged or adjudicated father—If a child has an acknowledged father or an adjudicated father, a person other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication.

Fraud, Duress, or mistake of fact or within two years after the acknowledgment or denial is flied or two years after the eighteenth birthday of the signatory, whichever is later.

40-11A-608-Reasons to deny a motion for genetic testing.

NMSA 40-11A-101

NEW YORK

The presumption of legitimacy of a child born to a married woman. The presumption of paternity when the probability of paternity is 95% and higher. Presumption of legitimacy if the parties acknowledge that he is the father.

4135-B: with the earlier of 60 days or the date of an administrative or a judicial proceed in (including a proceeding to establish a support order) relating to the child in which the signatory is a party. And 516-A.

If the father fails to appear after genetic testing is completed the court will enter a temporary order of support until such time as he appears to adjudicate the paternity. If the father fails to appear for Genetic testing and the hearing the court shall enter a temporary order of support until such time as he appears in court to adjudicate paternity.

AOP = After the 60 day period expires challenge may be made based on Fraud, Duress or mistake of fact.


NORTH CAROLINA


Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Legitimation: The putative father of any child born out of wedlock may apply by a verified written petition filed in a special proceeding in the superior court to declare the child legitimate. GS 49-10 GS 49-12: When the mother of any child born out of wedlock and the reputed father of such child shall intermarry or shall have intermarried at any time after the birth of the child, the child shall in all respects be legitimate. A child is born during a marriage.

GS 110-132: 60 days of the date the document was executed or the date of entry of an order establishing paternity or an order for the payment of child support involving the signatory whichever comes first.

GS 49-12.1: If the mother is married to someone else, the putative father may file a special proceeding to legitimate the child pursuant to

40-10 but must notice the husband of the proceeding and must overcome the presumption of legitimacy by clear and convincing evidence.

Anytime

GS 49-14: Paternity order was entered as the result of fraud, duress, mutual mistake or excusable neglect or genetic tests establish the putative father is not the biological father of the child. Nothing in this subsection shall be construed to affect the presumption of legitimacy where a child is born to a mother and a putative father during the course of a marriage.

Clear and Convincing Evidence

NORTH DAKOTA

Can file a denial of paternity but there must be an acknowledgment of the biological father to follow.

14-20-10. (204): He and the mother of the child are married to each other and the child is born during the marriage; He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation; Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, declaration of invalidity, divorce, or after a decree of separation; After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: The assertion is in a record filed with the state department of health; He agreed to be and is named as the child's father on the child's birth certificate; or He promised in a record to support the child as his own; or For the first two years of the child's life, he resided in the same household with the child and openly held out the child as his own.

14-19-10: within 60 days of the last signature on the document, either parent can file a notarized statement with the State Department of

Health after the 60 day period Judicial Challenge.

14-20-10.(204) 2.: A presumption of paternity established under this section may be rebutted only by an

Adjudication under sections 14-20-36 through 14-20-58.

AOP: must be filed within one year from the time the new evidence is discovered. 14-20-42. (607): Presumed father: 2 years from the child’s birth.

AOP: Fraud, duress or material mistake of fact.

14-20

OHIO

3111.07 Parties to an action-Intervention. Presumed father shall be made a party to the action along with the alleged father and mother.


Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

3111.03: The man and the child’s mother are or have been married to each other and the child was born during the marriage or is born within 300 days after the marriage was terminated. The man and the child’s mother attempted, before the child’s birth, to marry each other by a marriage in conformity with state laws, the marriage is or could be declared invalid; the marriage can only be declared invalid by court order and he child is born during the marriage or within 300 days after termination or the attempted is invalid without a court order and the child was born within 300 days of the termination of cohabitation; An acknowledgment of paternity has been filed pursuant to

State laws.

3111.27: Not later than 60 days after the date of the latest signature on the acknowledgment; the person requesting rescission must request a determination under section 3111.38 of the existence of a parent and child relationship between the man who signed and the child on the acknowledgment. Give the office written notice to the child support enforcement agency conducting genetic tests to determine whether there is a parent child relationship; and last issue an order to determine a child parent relationship.

Presumption may be rebutted under this section except for the acknowledgment of paternity that becomes final under section 2151.232,

3111.25, or 311.821.

Genetic testing AOP: may be challenged after the rescission period based upon fraud, duress or material mistake of fact.


Chapter 2111: Parentage

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

OKLAHOMA

10Sec. 70(B) Within 60 days of the last signature on the voluntary acknowledgment of paternity or at the time of the first filing of a case that involves child related issues such as child support may request Genetic testing. After 60 days either party can go to court to overturn the Acknowledgment.

Challenge the Acknowledgment of paternity. Judicial Challenge:

Time Frame:


Level of Proof:

Based on Fraud, Duress or material mistake of fact.

Genetic testing

UPA:

State

Presumed Father:

OREGON

109.070: The husband and the mother of the child, who are cohabitating are the only ones to challenge paternity unless the consent to the challenge.

Presumption of

Paternity:

109.070: A man is rebuttably presumed to the father of a child born to a woman if he and the woman were married to each other at the time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void. The parties were married at the time of the birth of the child or within 300 days after termination of the marriage. The parents married after the birth of the child and they signed an acknowledgment of paternity. The parents of a child sign an acknowledgment of paternity which is on file with the State

Registrar’s office.

Rescission of Voluntary 60 days after filing the acknowledgment or the date of a proceeding relating to the child including a proceeding to establish a support


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity: order, in which the party wishing to rescind the acknowledgment is also a party. After this time period anytime.

Yes for the Acknowledgment of paternity is after the time frame and to set aside a paternity judgment.

Must file within one year upon learning of the fraud, misrepresentation or other misconduct.

Fraud, Duress or material mistake of fact. If the ground for petition is that the paternity determination was obtained by or was the result of

Mistake, inadvertence, surprise or excusable neglect or Fraud, misrepresentation or other misconduct of an adverse party. The petitioner learned of the new evidence after the paternity judgment was entered.

Clear and convincing

PENNSYLVANIA

23 PA C.S.A. § 5103 : Paternity Acknowledgement constitutes conclusive evidence of paternity

23 PA C.S.A. §5103 (g); within 60 days of signature or the first proceeding regarding same whichever occurs earlier

Based on extensive case law; see Vargo vs. Schwartz 2007 PA Super 402 (2007)

None

23 PA C.S.A. §5103 (g) 2; fraud, duress, material mistake of fact clear and convincing evidence. (genetic test NOT considered)

RHODE ISLAND

Section 15-8-3 The presumed father and the child’s natural mother are or have been married to each other and the child was born during the marriage or within 300 days after the marriage is terminated. Before the child’s birth the parties married or attempted to marry by law is or could be declared invalid. IF the attempted marriage could be declared invalid by a court, the child is born during the marriage or within 300 days after the marriage is terminated. If the attempted marriage is invalid without a court order the child is born within 300 days after the termination of cohabitation. After the child’s birth he and the child’s mother have married or attempted to marry, in compliance with law or the attempted marriage could be declared invalid. He has acknowledged his paternity of the child in writing filed with the clerk of the family court. With his consent, he is named as the child’s father on the child’s birth certificate; He is obligated to support the child under a written voluntary promise or by court order. Genetic testing proves he is the father.

None Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

Section 15-8-3 Judicial challenge to overcome the presumption except when filing the acknowledgment of paternity as the presumed father can agree to allow the biological father and the mother to acknowledgment of paternity by consenting.

Fraud Duress or mistake of fact


Chapter 15-8 Uniform Law on Paternity


State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

SOUTH CAROLINA

63-17-10(E): Presumed fathers must be made a party to the action.

63-17-60: A verified voluntary acknowledgment of paternity. A birth certificate containing the signature of the mother and the putative father. The testimony of a husband and wife as to any relevant matter, including marriage and parentage.

63-17-50: 60 days from the date of the last signature or the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.

Yes none

AOP = basis of fraud, duress, or material mistake of fact.

SOUTH DAKOTA

25-8-52 & 25-8-57: The completion of an affidavit of paternity signed and notarized creates a presumption of paternity. Rebuttable presumption of legitimacy, any child born within 10 months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them. none Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

29-8-49: An admission of paternity by an alleged father is prima facie evidence. 25-8-59: Any action contesting a rebuttable presumption of paternity as established by 25-8-50 to 25-8-58 inclusive shall be commenced in circuit court.

Either 60 days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceeding to establish a support obligation whichever occurs earlier.

Fraud, duress, or material mistake of fact shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party.

TENNESSEE

36-2-304(b)(1)(A): If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date of a petition to determine parentage and the mother and husband file a sworn answer stating that the husband is the father of the child and the parentage action is dismissed based upon the filing of the sworn answer, the husband and wife are stopped from denying paternity.

36-2-304: The man and the child’s mother are married or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated. Before the child’s birth the man and the mother have attempted to marry each other by law although the attempted marriage is or could be declared illegal, void or voidable. After the child’s birth, the man and the mother have married or attempted to marry each other by law although such marriage is or could be declared void or voidable. The man has acknowledged his paternity of the child writing filed under the putative father registry. The man has consented in writing to be named the



Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity: child’s father on the birth certificate. The man is obligated to support the child under a written voluntary promise or by court order. While the child is under the age of majority, the man receives the child into the man’s home and openly holds the child out as the man’s natural child. Genetic tests have been administered with a probability of paternity of 95% or higher.

24-7-113(1)&(2): 60 days following the completion of the acknowledgement or at any judicial or administrative proceeding during that period at which the signatory is a party and which proceeding relates to the child, or judicial tribunal which directs the rescission of such acknowledgment.

36-2-304(2)(B): An alleged father can bring a petition at anytime to challenge the parentage of a child even if there is a presumption of paternity.

36-2-304(3): The standard of proof in an action to rebut paternity shall be by preponderance of the evidence.

TEXAS

160:303: A presumed father may deny paternity of a child if another man acknowledges and the presumed father has not already acknowledged the child.

Sec. 160.204: He is married to the mother of the child and the child is born during the marriage; He is married to the mother of the child and the child is born before the 301 st day after the date the marriage is terminated, or declared invalid, or divorce. He married the mother of the child in by law even if the attempted marriage is or could be declared invalid and the child is born during the invalid marriage or before the 301 st day after the date the marriage is terminated. He married the mother of the child after the birth of the child by law regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child and the assertion is in a record filed with the bureau of vital statistics or he is voluntarily named as the child’s father on the birth certificate or he promised in a record to support the child as his own or during the first 2 years of the child’s life he continuously resided in the household in which the child resided and he represented to others that the child was his own.

60 days after the effective date of the acknowledgment or the date the signatory is a party is initiated before a court to adjudicate issues relating to the child including child support.

Rebutted presumption by: an adjudication under subchapter G or the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by section 160.305. Sec. 160.637(e): A party to an adjudication of paternity may challenge the adjudication only under the laws of this state relating to appeal, the vacating of judgments, or other judicial review.

Presumed fathers have until the 4 th anniversary of birth or for an acknowledgement 4 th anniversary from the effective date.

AOP: Fraud, duress or mistake of fact after the rescission period.

Section 160

UTAH

Presumed father may sign a denial of paternity.

78B-15-204: A man and the mother of the child are married to each other and the child is born

During the marriage. A man and the mother of the child were married to each other and the child is


Born within 300 days after the marriage is terminated. Before the birth of the child, he and the mother of the child married each by law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination. After the birth of the child, he and the mother of the child married each other by law, or attempted to marry and the marriage could be determined invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and: (i) the assertion is in a record filed with the Office of Vital Records; (ii) he agreed to be and is named as the child's father on the child's birth

Certificate; or (iii) he promised in a record to support the child as his own.

If a child has an adjudicated father, the results of genetic testing are

Inadmissible to challenge paternity except as set forth in Section 78B-15-607.

78B-15-308.: A rescission must be adjudicated in the same manner as the adjudication of parentage. Rescission of Voluntary

Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

A presumption of paternity established under this section may only be rebutted in accordance with Section 78B-15-607. If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge paternity except as set forth in Section 78B-15-607.

Preponderance of the evidence.

VERMONT

15 V.S.A. § 308: The alleged parent fails to submit without good cause to genetic testing as ordered; or The alleged parents have voluntarily acknowledged parentage under the laws of this state or any other state, by filling out and signing a Voluntary Acknowledgement of

Parentage form and filing the completed and witnessed form with the department of health; or The probability that the alleged parent is the biological parent exceeds 98 percent as established by a scientifically reliable genetic test; or The child is born while the husband and wife are legally married to each other.

15 V.S.A. § 307(f): Within 60 days after signing the form or prior to a judicial determination of parentage, whichever occurs first.

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

15 V.S.A. § 293(b): Any legal presumption of parentage as set forth in section 308 of this title shall be sufficient basis for initiating a support action under this section without any further proceedings to establish parentage. If a party raises an objection to the presumption, the court may determine the issue of parentage as part of the support action. If no written objection to the presumption is raised, an order under this section shall constitute a judgment on the issue of parentage.

VIRGINIA


Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

§ 63.2-1903: Including the right to rescind the acknowledgment within the earlier of (i) sixty days from the date of signing or (ii) the date of entry of an order in an administrative or judicial proceeding relating to the child in which the signatory is a party.

§ 20-49.10: An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.

Genetic Testing or AOP: fraud, duress or a material mistake of fact.

WASHINGTON

Presumed father may sign a denial of paternity but the alleged father must sign an acknowledgment of paternity. If he has been adjudicated the father he cannot file a denial of paternity.

Context of a marriage or a domestic partnership: The person and the mother or father of the child are married to each other or in a domestic partnership with each other and the child is born during the marriage or domestic partnership. The person and the mother or father of the child were married to each other or in a domestic partnership with each other and the child is born within 300 days after the marriage or domestic partnership was terminated. Before the birth of the child, the person and the mother or father of the child married each other or entered in to a domestic partnership with each other by law even if the marriage or domestic partnership could be declared invalid and the child was born during the invalid marriage/domestic partnership or within 300 days after its termination. After the birth of the child, the person and the mother or father of the child have married each other or entered into a domestic partnership by law whether or not it can be declared invalid, the person voluntarily asserted parentage of the child. A person is presumed to be the parent of a child if for the first 2 years of the child’s life, the person resided in the same household with the child and openly held out the child as his or her own.

RCW 26.26.330: 60 days after the effective date of the acknowledgment or denial or the date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including child support.

A presumption of parentage established under this section may be rebutted only by adjudication under RCW 26.26.500 to 26.26.630.

AOP: within 4 years from the effective date of the Voluntary acknowledgment of Paternity. Presumption of Paternity: must be within 4 years of the date of birth.

AOP: Fraud, Duress or Material mistake of fact.

WISCONSIN

891.41(2): Rebuttable by genetic test results of 99.99% or higher.

891.405: A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity and no other man is presumed to be the father. 891.41: Presumption based on marriage—A man and the child’s mother are or have been married to each



Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:


Acknowledgment

Judicial Challenge: other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment or divorce. A man and the child’s mother were married to each other after the child was born but he and the child’s mother had a relationship with one another during the period of time within which the child was conceived and no other man has been adjudicated or presumed to be the father.

69.15: Before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement as the father or 60 days after the statement was filed.

891.39: Judicial filing of an action and can be alleged father

891.39: Clear and satisfactory preponderance of the evidence. Genetic testing 99% or higher

WEST VIRGINIA

Presumption of paternity of a child born during a marriage.

Time Frame:


Level of Proof:

UPA:

State

Presumed Father:

Presumption of

Paternity:

W.VA.16-5-12(i)(4): Within 60 days of the filing of the Voluntary Acknowledgment, a parent may file a verified complaint in the courts to rescind the Acknowledgment with a hearing on the issue and the court entering an order. After 60 days same procedure.

Based upon: Motion filed in family court in the action pending providing newly discovered evidence that was not known at the time the judgment entered with genetic testing that was completed within 90 days of filing the motion and the genetic test results show 0% probability. The male did not adopt the child. The child was not conceived by artificial insemination while the male was married to the mother. The male did not act to prevent the biological father from asserting his parental rights. The male did not have knowledge prior to the judgment entering that he was not the biological father. Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support. Acknowledged his paternity of the child in a sworn statement. Was named as the biological father on the birth certificate by his consent. Been required to pay child support based upon a written voluntary promise. Was ordered to submit to genetic testing to prove paternity but refused to submit. Signed a voluntary acknowledgment of paternity.

48-18-105a.: Any Time

AOP: Allegations of fraud, duress or Material Mistake of fact.

WYOMING

14-2-602: Presumed father may file a denial of paternity or also sign the voluntary acknowledgment with the alleged father. 14-2-087: The presumed father has up to the child’s fifth birthdate to overcome the presumption of paternity.

14-2-504: He and the mother of the child are married to each other and the child is born during the marriage; He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born: during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity,



Acknowledgment

Judicial Challenge:

Time Frame:


Level of Proof:

UPA: divorce or after the entry of a decree of separation; After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: The assertion is in a record filed with the state office of vital records; He agreed to be and is named as the child's father on the child's birth certificate; or He promised in a record to support the child as his own. For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own.

14-2-607: 60 days after the voluntary acknowledgment is signed or at the time of the first judicial proceeding to adjudicate child related issues in which the signatory is a party including child support.

A presumption of paternity established under section 14-2-504 may be rebutted only by adjudication under article 8 of this act.

14-2-602: AOP: Must challenge the Voluntary acknowledgment within 2 years or it is barred.

14-2-608: AOP: Fraud, duress or mistake of fact.

Genetic testing

DISCLAIMER: Based upon research conducted through the Internet from the Cornell University website by accessing state statutes throughout the United States, this document was created to represent or reflect, to the best of the creator’s knowledge, paternity disestablishment statutes in each state. This representation may not be completely accurate due to human error or mistake of fact.

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