(a) After the period for rescission under section 46b-482 expires, an acknowledgment of parentage may be challenged only on the basis of fraud, duress or material mistake of fact which, in cases in which the acknowledgment has been signed by the birth parent and an alleged genetic parent, may include evidence that the alleged genetic parent is not the genetic parent. A party challenging an acknowledgment of parentage has the burden of proof.
(b) Every signatory to an acknowledgment of parentage shall be made a party to a proceeding to challenge the acknowledgment.
(c) By signing an acknowledgment of parentage, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment, effective on the filing of the acknowledgment with the Department of Public Health.
(d) During the pendency of a challenge to the acknowledgment of parentage, any responsibilities, including the duty to pay child support, arising from the acknowledgment shall continue except for good cause shown.
(e) If the court or family support magistrate determines that the challenger has met the challenger's burden of proof under subsection (a) of this section, the acknowledgment of parentage shall be set aside only if such court or family support magistrate determines that doing so is in the best interest of the child, based on the relevant factors set forth in section 46b-475.
(f) If the court or family support magistrate determines that the requirements of subsections (a) and (e) of this section are satisfied, the court or family support magistrate shall order the Department of Public Health to amend the birth record of the child to reflect the legal parentage of the child.
(g) In cases involving a child who is or has been supported by the state, whenever the court or family support magistrate finds that the person challenging the acknowledgment of parentage is not a parent because such person has met the burden of proof under subsections (a) and (e) of this section, the Department of Social Services shall refund to such person any money paid by such person to the state during any period such child was supported by the state.
(P.A. 21-15, S. 31.)
History: P.A. 21-15 effective January 1, 2022.
Structure Connecticut General Statutes
Chapter 818 - Connecticut Parentage Act
Section 46b-450. - Short title: Connecticut Parentage Act.
Section 46b-451. - Definitions.
Section 46b-453. - Applicable law.
Section 46b-454. - Authorized court. Exceptions.
Section 46b-458. - Standing to maintain proceedings.
Section 46b-459. - Notice of proceeding.
Section 46b-460. - Personal jurisdiction.
Section 46b-462. - Temporary order.
Section 46b-463. - Child as party.
Section 46b-464. - Public access to proceedings and documents filed with court.
Section 46b-465. - Dismissal for want of prosecution.
Section 46b-466. - Order adjudicating parentage.
Section 46b-467. - Court authority to order name of child changed.
Section 46b-468. - Binding effect of determination of parentage.
Section 46b-469. - Adjudicating parentage of child with adjudicated parent.
Section 46b-470. - Data privacy.
Section 46b-471. - Establishment of parent-child relationship.
Section 46b-473. - Consequences of establishing parentage.
Section 46b-474. - Application of provisions to parent-child relationship.
Section 46b-475. - Adjudicating competing claims of parentage.
Section 46b-476. - Acknowledgement of parentage.
Section 46b-477. - Execution of acknowledgment of parentage.
Section 46b-478. - Rules for acknowledgment of parentage.
Section 46b-479. - Effect of acknowledgment of parentage.
Section 46b-480. - No filing fee.
Section 46b-481. - Ratification barred.
Section 46b-482. - Procedure for recission.
Section 46b-483. - Challenge after expiration period for recission. Procedure for challenge.
Section 46b-484. - Full faith and credit.
Section 46b-485. - Forms for acknowledgment of parentage.
Section 46b-486. - Release of information.
Section 46b-487. - Adoption of regulations.
Section 46b-488. - Presumption of parentage.
Section 46b-489. - Adjudicating parentage of child with presumed parent.
Section 46b-495. - Genetic testing. Definitions.
Section 46b-496. - Scope and limitations of genetic testing.
Section 46b-497. - Authority to order or deny genetic testing.
Section 46b-498. - Requirements for genetic testing.
Section 46b-499. - Report of genetic testing.
Section 46b-500. - Challenge to genetic testing results.
Section 46b-501. - Cost of genetic testing.
Section 46b-502. - Additional genetic testing.
Section 46b-503. - Adjudicating parentage of child with alleged genetic parent.
Section 46b-504. - Confidentiality of genetic testing.
Section 46b-505. - Admissibility of results of genetic testing.
Section 46b-509. - Applicability.
Section 46b-510. - Parental status of donor.
Section 46b-511. - Parentage of child of assisted reproduction.
Section 46b-512. - Consent to assisted reproduction.
Section 46b-513. - Limitation on spouse's dispute of parentage.
Section 46b-514. - Effect of certain legal proceedings regarding marriage.
Section 46b-515. - Withdrawal of consent.
Section 46b-516. - Parental status of deceased person.
Section 46b-517. - Assisted reproduction: Order of parentage.
Section 46b-521. - Surrogacy agreements. Definitions.
Section 46b-522. - Eligibility to enter into gestational or genetic agreement.
Section 46b-523. - Requirements of gestational or surrogacy agreement: Process.
Section 46b-524. - Requirements of gestational or genetic surrogacy agreement: Content.
Section 46b-525. - Effect of subsequent change of marital status of surrogate.
Section 46b-526. - Effect of subsequent change of marital status of intended parent.
Section 46b-527. - Exclusive, continuing jurisdiction.
Section 46b-528. - Termination of gestational surrogacy agreement.
Section 46b-529. - Parentage under gestational surrogacy agreement.
Section 46b-530. - Gestational surrogacy agreement: Parentage of deceased intended parent.
Section 46b-531. - Gestatiopnal surrogacy agreement: Judgment of parentage.
Section 46b-532. - Effect of gestational surrogacy agreement.
Section 46b-533. - Requirements to validate genetic surrogacy agreement.
Section 46b-534. - Termination of genetic surrogacy agreement.
Section 46b-535. - Parentage under validated genetic surrogacy agreement.
Section 46b-536. - Effect of nonvalidated genetic surrogacy agreement.
Section 46b-537. - Genetic surrogacy agreement: Parentage of deceased intended parent.
Section 46b-538. - Breach of genetic surrogacy agreement.
Section 46b-542. - Information about donor. Definitions.
Section 46b-543. - Application of provisions re collection of gametes.
Section 46b-544. - Collection of information by gamete bank or fertility clinic.
Section 46b-545. - Declaration regarding identity disclosure.
Section 46b-546. - Disclosure of identifying information and medical history.
Section 46b-547. - Recordkeeping.
Section 46b-551. - Uniformity of application and construction.
Section 46b-552. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 46b-553. - Transitional provision.
Section 46b-561. (Formerly Sec. 46b-161). - Procedure brought prior to birth of child.
Section 46b-562. (Formerly Sec. 46b-162). - Action by state or town.
Section 46b-564. (Formerly Sec. 46b-165). - Testimony of parent or alleged parent.
Section 46b-565. (Formerly Sec. 46b-168). - Assessment of costs for genetic tests.
Section 46b-568. (Formerly Sec. 46b-170). - Withdrawal of petition. Agreement of settlement.
Section 46b-574. (Formerly Sec. 46b-177). - Support of defendant while imprisoned.
Section 46b-575. (Formerly Sec. 46b-178). - Wage execution.
Section 46b-576. (Formerly Sec. 46b-179). - Foreign parentage judgments.
Section 46b-578. (Formerly Sec. 46b-179b). - Enforcement of foreign parentage judgment.