§ 10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment.

A.  An acknowledgment of paternity shall:

1.  Be in a record and on the form prescribed by the Department of Human Services pursuant to Section 20 of this act;

2.  Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;

3.  State that the child whose paternity is being acknowledged:

a.does not have a presumed father, or has a presumed father whose full name is stated, and

b.does not have another acknowledged or adjudicated father;

4.  State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and

5.  State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two (2) years.

B.  An acknowledgment of paternity shall be void if it:

1.  States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the State Department of Health, Division of Vital Records; or

2.  States that another man is an acknowledged or adjudicated father.

C.  An acknowledgment of paternity is voidable if it falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.

D.  A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

Added by Laws 2006, c. 116, § 10, eff. Nov. 1, 2006.