§ 10-7700-308. Proceeding to challenge acknowledgment or denial – Commencement – Burden of proof.

A.  After the period for rescission under Section 15 of this act has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:

1.  On the basis of fraud, duress, or material mistake of fact; and

2.  Within two (2) years after the acknowledgment or denial is executed.

B.  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.