A signatory may rescind an acknowledgment of paternity or denial of paternity only by means of a judicial proceeding to rescind the acknowledgment or denial of paternity. A proceeding to rescind an acknowledgment of paternity or a denial of paternity shall be brought no later than the earlier of:
A. sixty days after the effective date of the acknowledgment or denial, as provided in Section 3-304 of the New Mexico Uniform Parentage Act;
B. in the case of a signatory who was a minor at the time of acknowledgment, the later of:
(1) sixty days after the eighteenth birthday of the signatory; or
(2) sixty days after the effective date of the acknowledgment or denial, as provided in Section 3-304 of the New Mexico Uniform Parentage Act; or
C. the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
History: Laws 2009, ch. 215, § 3-307.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Structure 2021 New Mexico Statutes
Article 11A - New Mexico Uniform Parentage Act
Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
Section 40-11A-301 - Acknowledgment of paternity.
Section 40-11A-302 - Execution of acknowledgment of paternity.
Section 40-11A-303 - Denial of paternity.
Section 40-11A-304 - Rules for acknowledgment and denial of paternity.
Section 40-11A-305 - Effect of acknowledgment or denial of paternity.
Section 40-11A-306 - No filing fee.
Section 40-11A-307 - Proceeding for rescission.
Section 40-11A-308 - Challenge after expiration of period for rescission.
Section 40-11A-309 - Procedure for rescission or challenge.
Section 40-11A-310 - Ratification barred.
Section 40-11A-311 - Full faith and credit; acknowledgement or denial of paternity.
Section 40-11A-312 - Forms for acknowledgment and denial of paternity.