Delaware § 8-308 Challenge after expiration of period for rescission

Delaware Statutes

§ 8-308 — Challenge after expiration of period for rescission

Delaware·Title 13·Ch. 8 UNIFORM PARENTAGE ACT·Subch. Voluntary Acknowledgement of Paternity

(a)After the period for rescission under § 8-307 of this title has expired, a signatory of 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 2 years after the acknowledgment or denial is filed with the Office of Vital Statistics.

(b)A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

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(a) After the period for rescission under § 8-307 of this title has expired, a signatory of 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 2 years after the acknowledgment or denial is filed with the Office of Vital Statistics.

(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

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