§ 46b-477 — Execution of acknowledgment of parentage.

Connecticut § 46b-477

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 818: Connecticut Parentage Act and Parentage-Related Provisions

Text

(a) An acknowledgment of parentage under section 46b-476 shall: (1) Be in a record signed by the person who gave birth to the child and by the person seeking to establish a parent-child relationship, and the signatures shall be attested by a notarial officer or witnessed; (2) State that the child whose parentage is being acknowledged shall not have another acknowledged or adjudicated parent or person who is a parent of the child under sections 46b-509 to 46b-538 , inclusive, other than the person who gave birth to the child; (3) State that the child whose parentage is being acknowledged shall not, at the time of signing, have a birth certificate identifying as a parent a person other than the person who gave birth to the child or the person acknowledging parentage; (4) State that no action is pending in which the child's parentage is at issue, unless all parties to the action agree to the establishment of the signatory's parentage pursuant to the acknowledgment; and (5) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances. (b) An acknowledgment of parentage shall not be binding unless, prior to the signing of any acknowledgment of parentage, the signatories are given oral and written notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing such acknowledgment. (1) The notice to both signatories shall explain: (A) The right to rescind the acknowledgment, as set forth in section 46b-482 , including the address where such notice of rescission should be sent; (B) That the acknowledgment cannot be challenged after sixty days, except in court or before a family support magistrate upon a showing of fraud, duress or material mistake of fact; (C) That the acknowledgment of parentage may result in rights of custody and visitation for the acknowledged parent, as well as a duty of financial support from the acknowledged parent; and (D) That, if the person acknowledging parentage is acknowledging that they are the child's genetic parent, genetic testing is available to establish parentage with a high degree of accuracy and, under certain circumstances, at state expense; and if either person is not certain of the child's genetic parentage as it pertains to the acknowledgment of parentage, neither person should sign the form. (2) The notice to the person acknowledging parentage shall include, but not be limited to: (A) Notice that the person will be liable for the child's financial and medical support at least until the child's eighteenth birthday; that such support shall be enforced by income withholding; and that failure to provide such support could result in a civil or criminal court proceeding being brought against the person. (B) Notice that, if the person acknowledging parentage is acknowledging that they are the child's genetic parent, that person has the right to contest parentage, including the right to appointment of counsel, a genetic test to determine parentage and a trial by the Superior Court or a family support magistrate. (c) An acknowledgment of parentage is void if, at the time of signing: (1) A person, other than the person who gave birth to the child or the person seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under sections 46b-509 to 46b-538 , inclusive; (2) The child whose parentage is being acknowledged has a birth certificate identifying as a parent a person other than the person who gave birth to the child or the person acknowledging parentage; or (3) An action is pending in which the child's parentage is at issue, unless all parties to the action agree to the establishment of the signatory's parentage pursuant to the acknowledgment.

Legislative History

(P.A. 21-15, S. 25.) History: P.A. 21-15 effective January 1, 2022.