§10-7700-308. Proceeding to challenge acknowledgment – Commencement
177 words·~1 min read·
/ok/title-10-children/10-7700-308·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
– Burden of proof.
A. After the period for rescission under Section 7700-307 of this title has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:
1. On the basis of duress or material mistake of fact within two
(2)years after the acknowledgment is executed; or
2. On the basis of fraud at any time in accordance with subsection D of Section 7700-607 of this title.
B. After the period for rescission under Section 7700-307 of this title has expired, a signatory of a denial of paternity may commence a proceeding to challenge the denial only:
1. On the basis of fraud, duress or material mistake of fact; and
2. Within two
(2)years after the denial is executed.
C. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof, which shall be by clear and convincing evidence. Added by Laws 2006, c. 116, § 16, eff. Nov. 1, 2006. Amended by Laws 2019, c. 151, § 2, eff. Nov. 1, 2019.