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·Ch. 40 Domestic Affairs·Art. 3 VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

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.

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