A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to 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 years after the acknowledgment or denial is filed with the bureau or two years after the eighteenth birthday of the signatory, whichever is later.
B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
History: Laws 2009, ch. 215, § 3-308.
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.