New Mexico § 40-11A-308 Challenge after expiration of period for rescission

New Mexico Statutes

§ 40-11A-308 — Challenge after expiration of period for rescission

New Mexico § 40-11A-308

Ch. 40Domestic Affairs

Art. 3VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

This text of New Mexico § 40-11A-308 (Challenge after expiration of period for rescission) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-11A-308 (2026).

Text

A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to 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 two years after the acknowledgment or denial is filed with the bureau or two years after the eighteenth birthday of the signatory, whichever is later. 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 pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to 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 two years after the acknowledgment or denial is filed with the bureau or two years after the eighteenth birthday of the signatory, whichever is later. B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.