Comment

(This is section 307 of the UPA.)

This section reflects a decision by NCCUSL to require a judicial adjudicatory process to rescind a voluntary acknowledgment of paternity. The federal statute, 42 U.S.C. § 666(a)(5)(c)(D)(ii), does not prescribe the method for the rescission, see Appendix: Federal IV-D Statute Relating to Parentage, infra.

§1858.__Challenge after expiration of period for rescission

1.__Challenge acknowledgment or denial.__After the period for rescission under section 1857 has expired, a signatory of an acknowledgment of paternity or denial of parentage may commence a proceeding to challenge the acknowledgment or denial only:

A.__On the basis of fraud, duress or material mistake of fact; and

B.__Within 2 years after the acknowledgment or denial is filed with the State Registrar of Vital Statistics.

2.__Burden of proof.__A party challenging an acknowledgment of paternity or denial of parentage has the burden of proof.

Comment

(This is section 308 of the UPA.)

The federal statute also includes a provision for a "challenge" of an acknowledgment of paternity after the period for rescission of a voluntary acknowledgment of paternity has elapsed. Such a collateral attack is to be limited to a challenge based on alleged "fraud, duress, or material mistake of fact," and according to 42 U.S.C. § 666(a)(5)(c)(D)(iii), must be made "in court," see Appendix: Federal IV-D Statute Relating to Parentage, infra.

§1859.__Procedure for rescission or challenge

1.__Every signatory party.__Every signatory to an acknowledgment of paternity and any related denial of parentage