A. If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed pursuant to Section 3-307 or 3-308 of the New Mexico Uniform Parentage Act.
B. If a child has an acknowledged father or an adjudicated father, a person, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication.
C. A proceeding pursuant to this section is subject to the application of the principles of estoppel established in Section 6-608 of the New Mexico Uniform Parentage Act.
History: Laws 2009, ch. 215, § 6-609.
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 6 - PROCEEDING TO ADJUDICATE PARENTAGE
Section 40-11A-601 - Proceeding authorized.
Section 40-11A-602 - Standing to maintain proceeding.
Section 40-11A-603 - Parties to proceeding.
Section 40-11A-604 - Personal jurisdiction.
Section 40-11A-606 - No limitation; child having no presumed, acknowledged or adjudicated father.
Section 40-11A-607 - Limitation; general.
Section 40-11A-608 - Authority to deny motion for genetic testing.
Section 40-11A-609 - Limitation; child having acknowledged or adjudicated father.
Section 40-11A-610 - Joinder of proceedings.