A. An acknowledgment of paternity shall:
(1) be on a form provided by the bureau;
(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 years.
B. An acknowledgment of paternity is 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 bureau;
(2) states that another man is an acknowledged or adjudicated father; or
(3) falsely denies the existence of a presumed, acknowledged or adjudicated father of the child.
C. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
History: Laws 2009, ch. 215, § 3-302.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Structure 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.