LD 1851
pg. 23
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LR 2675
Item 1

 
Comment

 
(This is section 304 of the UPA.)

 
Source: 42 U.S.C. § 666(a)(5)(C)(i), requiring a "simple civil
process" for voluntary acknowledgment of paternity, see Appendix:
Federal IV-D Statute Relating to Parentage, infra.

 
§1855.__Effect of acknowledgment of paternity or denial of

 
parentage

 
1.__Acknowledgment.__Except as otherwise provided in sections
1857 and 1858, a valid acknowledgment of paternity filed with the
State Registrar of Vital Statistics is equivalent to an
adjudication of parentage of a child and confers upon the
acknowledged father all of the rights and duties of a parent.

 
2.__Denial.__Except as otherwise provided in sections 1857 and
1858, a valid denial of parentage by a presumed parent filed with
the State Registrar of Vital Statistics in conjunction with a
valid acknowledgment of paternity is equivalent to an
adjudication of the nonparentage of the presumed parent and
discharges the presumed parent from all rights and duties of a
parent.

 
Comment

 
(This is section 305 of the UPA.)

 
Source: 42 U.S.C. § 666(a)(5)(D)(ii), requiring that an
acknowledgment of paternity be "a legal finding of paternity,"
and 42 U.S.C. § 666(a)(5)(M), directing that acknowledgments be
"filed with the State registry of birth records . . . "; see
Appendix: Federal IV-D Statute Relating to Parentage, infra.

 
§1856.__No filing fee

 
The State Registrar of Vital Statistics may not charge for
filing an acknowledgment of paternity or denial of parentage.

 
§1857.__Proceeding for rescission

 
A signatory may rescind an acknowledgment of paternity or
denial of parentage by commencing a proceeding to rescind before
the earlier of:

 
1.__Sixty days after effective date.__Sixty days after the
effective date of the acknowledgment or denial, as provided in
section 1854; and


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