§ 63-17-50 — Verified voluntary acknowledgments.

(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of: (1) sixty days; or (2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party. (B) Upon the expiration of the sixty-day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger. (C) In the event of a challenge, legal responsibilities including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge except for good cause shown. (D) Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2.