New Hampshire § 5-C:28 Rescission of Paternity Procedures

New Hampshire Statutes

§ 5-C:28 — Rescission of Paternity Procedures

New Hampshire § 5-C:28

Title ITHE STATE AND ITS GOVERNMENT

Ch. 5-CVITAL RECORDS ADMINISTRATION

SubdivisionBirth Registration Forms and Procedures

This text of New Hampshire § 5-C:28 (Rescission of Paternity Procedures) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 5-C:28 (2026).

Text

I.A parent or legal guardian may request to rescind an affidavit of paternity from the clerk of the city or town where the birth occurred within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results in an earlier date.

II.Once the completed rescission of paternity form is filed, the clerk of the town or city shall remove the name of the father from the birth record and insert "not stated" in the space provided for the father's name or, if the original birth record was filed prior to the completion of an affidavit of paternity, change the child's name on the birth record back to the name stated on the original record before the affidavit of paternity was filed.

III.After the 60-day rescission period has passed, any

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I. A parent or legal guardian may request to rescind an affidavit of paternity from the clerk of the city or town where the birth occurred within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results in an earlier date.
II. Once the completed rescission of paternity form is filed, the clerk of the town or city shall remove the name of the father from the birth record and insert "not stated" in the space provided for the father's name or, if the original birth record was filed prior to the completion of an affidavit of paternity, change the child's name on the birth record back to the name stated on the original record before the affidavit of paternity was filed.
III. After the 60-day rescission period has passed, any challenge to the affidavit shall be decided only by a court of competent jurisdiction.
IV. The fee for changing the birth record due to a rescission of paternity shall be in accordance with RSA 5-C:10.
V. The clerk of the city or town where the birth occurred shall distribute the rescission of paternity to the birth mother; the father named on the affidavit of paternity; the parent or legal guardian of minor signatory as stated on the affidavit of paternity; the division; the department of health and human services; the husband, if a 3-party affidavit of paternity was completed; and, the hospital that was the originator of the affidavit of paternity, if applicable.