Paternity Disestablishment State Table

PATERNITY DISESTABLISHMENT STATE TABLE State: ALABAMA Presumed Father: Section 26-17-607: File any time. Presumption of paternity is rebutted by a court decree establishing paternity of the child by another father. Presumption of paternity 26-17-204. Presumption of 26-17-204 A child conceived or born during a marriage or within 300 days of the marriage Paternity: Rescission of Voluntary Sec. 26-17-307: 60 days or the date of the first hearing the signatory is a party to adjudicate child related issues. Acknowledgment Judicial Challenge: 26-17A-1: Must file an action in the courts to challenge. And Section 26-17-308 After Expiration of period of rescission. Time Frame: Section 26-17-608 Estoppel to deny paternity Reason for Challenge: Re-open a paternity case: if there is genetic testing proving that the legal father is not the father. After expiration of period for rescission: a. Fraud, duress, Material Mistake of fact. b. 0r presenting genetic testing as evidence. Level of Proof: Clear & Convincing Evidence UPA: Title 26, Chapter 17 UPA State: ALASKA Presumed Father: Presumption of Sec. 25.20.050: Putative father marries the undisputed parent of the child. Child was born during a marriage. Paternity: Rescission of Voluntary Sec. 25.20.050(l): Rescission within 60 days of the signing of the acknowledgment or by the first hearing related to the child or to establish Acknowledgment child support. Judicial Challenge: Sec. 25.27.166: If paternity was established other than by court order and not established by genetic testing or acknowledgment of paternity or an admission of paternity. AS 25.27.165 Sec. 25.20.050(e)(2)(B): In proceedings in which paternity is contested a petition is filed in the courts with an attached sworn statement denying paternity. Time Frame: Sec. 25.27.166(b)(2): Within 3 yrs of child’s birth or 3 yrs after a the father finds out he is not the father whichever is later Reason for Challenge: Acknowledgements may only be contested in Superior Court upon fraud, duress, or material mistake. Level of Proof: Clear and Convincing UPA: State: ARIZONA Presumed Father: Sec. 25-814C: The presumption of paternity can be rebutted by clear and convincing evidence or a Court decree establishing paternity of the child by another man rebuts the presumption. Presumption of Title 25-814: Parties married within 10 months immediately preceding the birth or within 10 months after the marriage is terminated. Paternity: There is genetic testing of a probability of paternity of 95% or higher. Signed Acknowledgment of paternity. Rescission of Voluntary Title 25-812E: 60 day period of rescission or during a proceeding in the court related to the child for which the signatory is a party and/or Acknowledgment that could address child support. By Judicial challenge. Judicial Challenge: Shall require genetic testing PATERNITY DISESTABLISHMENT STATE TABLE Time Frame: Reason for Challenge: Fraud, duress or material mistake of fact Level of Proof: Clear and Convincing UPA: State: ARKANSAS Presumed Father: Presumption of Paternity: Rescission of Voluntary 9-10-115: within 60 days of filing a rescission form or within the date of the first hearing on child related issues. Acknowledgment Judicial Challenge: May challenge the Acknowledgment of Paternity after the rescission period for cause. Time Frame: Reason for Challenge: Fraud, duress, or material mistake of fact. Level of Proof: UPA: State: CALIFORNIA Presumed Father: A party may file a motion to grant a judgment to set aside the presumption of paternity. CA Code Sec. 7647(D) Presumption of CA Code Sec 7540: The child is presumed to be a child of a marriage Paternity: Rescission of Voluntary CA Code Sec. 7575: 60 days from the date of signing. Or Unless there is a custody or child support order or Two years from the date of Acknowledgment birth of the child. Judicial Challenge: CA Code Sec. 7575(b)(1): Court finds that the conclusions of the GT results may set aside the Voluntary Declaration of paternity. CA Code Sec. 7646(a) Filing a motion by either party Time Frame: Within 2 years from the time the father knew of a judgment establishing paternity. Reason for Challenge: Level of Proof: Clear and Convincing UPA: State: COLORADO Presumed Father: C.R.S 14-10-106: Child born during a marriage. Dissolution of marriage provides for support of the child by the husband unless paternity is specifically disclaimed in the order. Paternity is not adjudicated for a child not mentioned in the final order. Presumption of CSR 19-4-105: Parties are or have been married or with 300 days of the termination of the marriage. Paternity: Before the child’s birth the parties married. After the child’s birth the parties married. Valid Acknowledgment of Paternity Rescission of Voluntary CRS 19-4-105 (2)(b): 60 days rescission period Or at the time of the judicial hearing related to the child or court case for child support. Acknowledgment Judicial Challenge: May rebut the presumption of paternity in an appropriate action. Or by the court determining the paternity of the child with another man. Or Best interest of the child. PATERNITY DISESTABLISHMENT STATE TABLE Time Frame: Reason for Challenge: A legal finding of paternity may be challenged in court only on the basis of fraud, duress, or mistake of material fact. Level of Proof: Clear and convincing evidence UPA: Title 19, Article 4 Uniform Parentage Act State: CONNECTICUT Presumed Father: Paternity action can be filed by a married woman but begotten by a man other than her husband. Divorce, dissolution where the child was found not to be an issue of the marriage Presumption of 6 CS 156 : A child born to a married woman during wedlock is legitimate is only a presumption and not absolutely conclusive Paternity: Rescission of Voluntary Sec.46B-172(2): 60 days to rescind or before the child support order enters. Acknowledgment Judicial Challenge: Sec. 46B-171(6)(b): Reopened Judgment of Paternity Time Frame: Reason for Challenge: Use of Genetic testing Level of Proof: Clear and Convincing UPA: State: DELAWARE Presumed Father: 13-8-302 (3) A presumed father may be listed on the Acknowledgment of Paternity when executed. 13-8-303: The presumed father must file a denial of paternity. May sign or authenticate an affidavit of paternity Presumption of Paternity: Rescission of Voluntary 13-8-307: 60 days or the first hearing to adjudicate an issue relating to the child or child support Acknowledgment Judicial Challenge: 13-8-308: AOP = 2 years after the acknowledgement is signed or on the basis of fraud, duress, material mistake of fact

Time Frame: 13-8-606: At any time 13-8-607: If there is a presumed father the action must commence within two years of the child’s birth. Reason for Challenge: 13-8-637: Based on fraud or duress or material mistake of fact. Level of Proof: Clear and Convincing UPA: Title 13 Domestic relations Chapter 8 UPA State DISTRICT OF COLUMBIA Presumed Father: Presumption of Paternity: Rescission of Voluntary Acknowledgment Judicial Challenge: PATERNITY DISESTABLISHMENT STATE TABLE Time Frame: Reason for Challenge: Level of Proof: UPA: State FLORIDA Presumed Father: Title XLIII.742.18: Disestablishment of paternity or a divorce judgment Presumption of An affidavit acknowledging Paternity or Parties are married. Paternity: Rescission of Voluntary Title XLIII.742.10(4): 60 days from the date of signature or the hearing to adjudicate the issues of child support or child related issues. Acknowledgment Judicial Challenge: Title XLIII.742.18: Male may challenge by filing a petition with an affidavit setting forth the newly discovered evidence. Genetic testing completed within 90 days of the petition. Must be current on his child support. Time Frame: Reason for Challenge: Title XLIII.742.18(3): Based on fraud or duress or material mistake of fact. Courts shall not set aside paternity when: The male after finding out he is not the biological father married the mother of the child and acted as the father of the child or signs an affidavit acknowledging he is the father. Consented to having his name put on the birth certificate as the father. Level of Proof: UPA: State GEORGIA Presumed Father: OCGA 19-7-20: May be disputed by clear proof to establish that the child is not an issue of the marriage

Presumption of OCGA 19-7-21.1: Legal father: Legally adopted the child. Married the mother at the time the child was conceived or born. Paternity: Been determined to be the father by final paternity order. Voluntary acknowledgment of legitimation. Rescission of Voluntary 19-7-46.1 No process Specified Acknowledgment Judicial Challenge: OCGA 19-7-54: Motion to set aside determination of paternity Time Frame: Reason for Challenge: OCGA 19-7-54: Courts shall not set aside paternity when: The male after finding out he is not the biological father married the mother of the child and acted as the father of the child or signs an affidavit acknowledging he is the father. Consented to having his name put on the birth certificate as the father. Level of Proof: Clear and Convincing or Genetic test results completed within 90 days of filing the motion. UPA: State HAWAII Presumed Father: Presumption of CH 584-4: The parties married or attempted to marry by a marriage solemnized in apparent compliance with law and the child was born Paternity: during the married or 300 days after the marriage was terminated or found to be invalid. Acknowledged his paternity of the child in writing. PATERNITY DISESTABLISHMENT STATE TABLE Received the child into his home and held the child out as his natural child. Genetic testing with a probability of paternity of 99% or higher. Signed a written Voluntary acknowledgment of paternity Rescission of Voluntary Ch 584.3.5(e)(1),(2): a 60 day rescission period or before the date of any judicial or administrative proceedings to address child related Acknowledgment issues. Judicial Challenge: CH 584-4(b): Rebutted by an appropriate action Time Frame: Reason for Challenge: The presumption is rebutted by a court decree establishing paternity of the child by another man. Level of Proof: Clear and Convincing UPA: Vol. 12, Sec. 584 State IDAHO Presumed Father: Title 7, Ch. 11, 7-1119: Husband provides genetic testing and the mother and biological father sign an acknowledgment of paternity Presumption of Title 12, Ch 10, 32-1006: A child born prior to a marriage is legitimate upon the subsequent marriage of its parents. Paternity: Rescission of Voluntary Title 7, Ch 11, 7-1106(1)(a),(b): 60 days after the acknowledgment is filed or the date of an administrative or judicial proceeding related to Acknowledgment the child. Judicial Challenge: Title 7, Ch. 11, 1106(2) in court Time Frame: Reason for Challenge: Title 12, Ch 10, 32-1009: Fraud: The mother knowingly misrepresented the paternity of the child. The moving party by clear and convincing evidence proves he is not the biological father. Acknowledgement of Paternity = Fraud, Duress or Material mistake of fact. Level of Proof: UPA: State ILLIONIS Presumed Father: 750 ILCS 45/5 Section 9.1: Notice to the presumed father must be sent by the clerk of the court to the address found in the affidavit in support of the paternity petition Presumption of 750 ILCS 45/5: Both parents married even if the marriage could be invalid. Paternity: After the child’s birth the parents married each other even if the marriage could be invalid. He and the natural mother signed an Acknowledgment of paternity or Acknowledgment of parentage. Rescission of Voluntary 750 ILCS 45/5 (b)(1): 60 days after the date the Acknowledgment of parentage is signed or the date an administrative or judicial Acknowledgment proceeding related to the child. Judicial Challenge: 750 ILCS 45/5: Rebuttable presumption Time Frame: 750 ILCS 45/5 Sec. 8: the person has two years after evidence proves his is not the father. Reason for Challenge: 750 ILCS 45/6 (b): Fraud duress or material mistake of fact. Level of Proof: 750 ILCS 45/5: Clear and Convincing UPA: 750 ILCS 45 State INDIANA Presumed Father: PATERNITY DISESTABLISHMENT STATE TABLE Presumption of IC 31-14-7-1: The biological father and the mother are or have been married to each other. Paternity: Child is born during the marriage or 300 days after the termination of the marriage. Even if the marriage is voidable The man completed genetic testing with a probability of paternity of 99% The biological father takes the child and the mother into his home and holds himself out to be the father. Executes a Paternity Affidavit Rescission of Voluntary IC 16-37-2-2.1(k): 60 day period for rescission. Acknowledgment Judicial Challenge: IC 16-37-2-2.1(k): Judicial proceeding requesting genetic testing Time Frame: Reason for Challenge: IC 16-37-2-2.1(l)(1): Fraud duress or material mistake of fact. Level of Proof: UPA: State IOWA Presumed Father: IA CH 1171 600B.41A: Established legal father or mother can file a petition to overcome paternity Presumption of IA 1171 598.21E: If the prior determination of paternity is based on an affidavit of paternity filed pursuant to section 252A.3A or a court or Paternity: administrative order entered in this state, or by operation of law when the mother and established father are or were married to each other, the provisions of section 600B.41A Rescission of Voluntary 252A.3a & 600B.41A: with 60 days of the last signature by filing the standard rescission form Acknowledgment Judicial Challenge: IA CH 1171 600B.41A: Paternity which is legally established may be overcome as provided in this section if subsequent blood or genetic testing indicates that the previously established father of a child is not the biological father. Time Frame: Up until the child reaches the age of majority. Reason for Challenge: IA CH 1171 600B.41A.f.(1): If paternity was established pursuant to section 252A.3A the signed affidavit was based upon Fraud, duress, or material mistake of fact. Level of Proof: UPA: State KANSAS Presumed Father: Presumption of CH 2011 23-2208: The mother and the presumed father are married to each other even if the marriage is void or voidable, between 300 Paternity: days before the child’s birth or after the child’s birth. A voluntary acknowledgment of paternity was filed by the mother and the presumed father. With the man’s consent he is named on the birth certificate. Rescission of Voluntary 38-1138 with 60 days of the last signature the person wishing to rescind must file a request with the court. Revoked by fraud, duress or an Acknowledgment important mistake of fact. Judicial Challenge: Provided in subsection (c). Time Frame: The child turns 18 unless the court determines the child was over 1 year of age and not in the best interest of the child. PATERNITY DISESTABLISHMENT STATE TABLE Reason for Challenge: Level of Proof: UPA: State KENTUCKY Presumed Father: KSR 213.046: Mother is married at the time of the birth of the child = the husband, the mother and the biological father can sign a three way Affidavit of Paternity. Presumption of KRS 406.025: Voluntary Acknowledgment of paternity affidavit Paternity: KRS 406.011: A child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife or the marriage ceased 10 months prior to the birth of the child with evidence to prove it. Rescission of Voluntary KRS 406.025: Rebuttable presumption for the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child. Acknowledgment Judicial Challenge: KRS 406.021: Judicial Challenge Time Frame: Reason for Challenge: KRS 406.91: Genetic Testing to contest a determination of paternity Level of Proof: UPA: State LOUISIANA Presumed Father: The child was born during a marriage. Section RS 9:399.1 does not apply to a child born during a marriage. Presumption of RS 9:406: 60 days from the date of signing the Affidavit of Paternity or in a judicial hearing limited to the purpose of revoking the Paternity: acknowledgment or in a judicial hearing relating to the child. Rescission of Voluntary RS 9:392A(7)(a) (i),(ii): 60 days after the signing of the act or in a judicial hearing related to the child. Acknowledgment Judicial Challenge: RS 9:399.1: An adjudicated father, the mother or the child may petition the court to vacate a judgment of paternity. Time Frame: RS 9:399.1: Within 2 years commencing with the date on which the adjudicated father knew or should have known of a judgment that established him as the father of the child or a pending action whichever is first. Reason for Challenge: If outside the time for revocation of Affidavit of paternity based upon duress, fraud or mistake of fact. Level of Proof: Clear and Convincing UPA: State MAINE Presumed Father: An alleged father or a mother may rebut the presumption of paternity contained in section 1561, subsection 1, paragraph D by clear and convincing evidence which is the genetic test results. Presumption of The presumption of legitimacy provided in the Maine Rules of Evidence, Rule 302 does not apply if: Paternity: A. The experts conclude that reliable blood or tissue tests show that the presumed father is not the biological parent of the child; with a probability of paternity of 97% or higher. Rescission of Voluntary Title 19-A-1616 No process specified. Acknowledgment Judicial Challenge: Judicial Challenge PATERNITY DISESTABLISHMENT STATE TABLE Time Frame: Reason for Challenge: Genetic test results prove that the presumed father is not the father. Level of Proof: Clear and Convincing. UPA: Title 19-A, Sec1560 State MARYLAND Presumed Father: Presumption of MD 5-1027: Rebuttable presumption that the child is the legitimate child of the man to whom its mother was married at the time of Paternity: conception. Rescission of Voluntary MD 5-1028(d)(1): With 60 days after execution of the Affidavit or in a judicial proceeding relating to the child in which the signatory is a Acknowledgment party.

Judicial Challenge: MD 5-1027: At trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child. The presumption set forth in this subsection may be rebutted by the testimony of a person other than the mother or her husband. Time Frame: Reason for Challenge: MD 5-1028(d)(2): After the expiration period to revoke the Affidavit only by Fraud, Duress, or material mistake of fact. MD 5-1038: A Declaration of paternity may be modified or set aside by using Genetic testing or best interest of the child. Level of Proof: UPA: State MASSACHUSETTS Presumed Father: MS Part II, Title III, CH 209C, Sec. 6: The presumed father must be joined as a party to an action to establish paternity. Presumption of MS Part II, Title III, CH 209C, Sec. 6: He is or has been married to the mother and the child was born during the marriage or within 300 days Paternity: after the marriage was terminated. Before the birth of the child’s birth, he married or attempted to marry the mother of the child. He agreed to support the child under a written voluntary promise. The parties lived together as a family unit. He signed an acknowledgment of Paternity Rescission of Voluntary Part II, Title III, CH 209C, Section 11: 60 day rescission period or at the administrative or judicial proceeding related to the child. Acknowledgment If the signatory fails to challenge the affidavit of parentage at the time of the proceeding then the acknowledgment shall thereafter have the same force and effect as a Judgment. Judicial Challenge: Time Frame: Part II, Title III, CH 209C, Section 11: One year from the date the Affidavit was signed. Reason for Challenge: Part II, Title III, CH 209C, Section 11: Fraud, Duress or material mistake of fact Level of Proof: UPA: State MICHIGAN Presumed Father: 722.1441 sec 11(2): The Presumed father may petition the court during a divorce proceeding to obtain an exclusion stating that he is not PATERNITY DISESTABLISHMENT STATE TABLE the legal father of the child. Presumption of Parties were married at the birth and conception of the child. Paternity: Rescission of Voluntary None Acknowledgment Judicial Challenge: 722.1439: to set aside a determination or 722.1437: to set aside an Acknowledgment. Or 722.1441: to eliminate the presumed father. Challenge may be filed by the mother the alleged father, the acknowledged father or the presumed father. Time Frame: 722.1441 sec. 11: The mother or acknowledged father may file within three years of the child’s birth, all parties appear and acknowledge the relationship of the bio dad; or Mother identifies alleged father, the child is less than three years old or presumed father having the ability to support has not supported for 2 years; or The alleged father may file at anytime. Reason for Challenge: 722.1437: Mistake of fact. Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed. Fraud. Misrepresentation or misconduct. Duress in signing the acknowledgment. Level of Proof: 722.1437(4)(5) Court to order genetic testing Petitioner has burden by Clear and Convincing evidence. UPA: None State MINNESOTA Presumed Father: MS 257.75 Subd. 1a: Joinder in recognition by husband. Presumption of MS 257.55 Sub 1: He and the child’s biological mother are or have been married to each other and the child is born during the marriage or Paternity: within 280 days after the marriage is terminated. He and the child’s mother attempted to marry or marry before the child’s birth or after the birth of the child or within 280 days after it’s termination of the marriage. He acknowledged his paternity of the child in writing or executed recognition of parentage. He is obligated to support the child under a written voluntary promise or by court order. He took the child into his home and openly holds the child as his biological child. Rescission of Voluntary MS 257.75 subd 2: 60 days from the date the recognition was signed or the date of the administrative or judicial hearing relating to the Acknowledgment child in which the revoking party is a party to related action. Judicial Challenge: Time Frame: MS 257.55 Subd 2: Rebuttal: A presumption under this section may be rebutted in an appropriate action. Reason for Challenge: MS 257.55 subd 2: By clear and convincing evidence. The presumption is rebutted by a court decree establishing paternity of the child by another man. Level of Proof: UPA: State MISSISSIPPI Presumed Father: Presumption of Paternity: Rescission of Voluntary MCA 93-9-28 (2): One year or the date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in Acknowledgment which the signatory is a party. PATERNITY DISESTABLISHMENT STATE TABLE Judicial Challenge: MCA 93-9-28 (2)(b): After the expiration of the one year period a signed voluntary acknowledgement of paternity may be challenged in court only. MCA 93-9-10: The legal father files a petition to set aside the determination of paternity unless he knew that he was not the biological father and married the mother or cohabitated with the mother and child or signed a stipulated agreement of paternity that has been approved by order of the Court. Failed to appear for a scheduled genetic testing draw pursuant to a valid court order compelling him to submit to genetic testing. Time Frame: Reason for Challenge: MCA 93-9-28 (2) (b): Basis of fraud, duress, or mistake of fact with the burden of proof on the challenger. Level of Proof: UPA: MCA 93.9.28 State MISSOURI Presumed Father: Presumption of MRS 210.822: He and the child’s natural mother are or have been married to each other and the child is born during the marriage or within Paternity: 300 days after the termination of the marriage or if the marriage is invalid 300 days from the date the parties terminated cohabitation. He has acknowledged his paternity of the child in writing filed with the bureau. With his consent he is named as the father on the child’s birth certificate. He is obligated to support the child pursuant to a written voluntary promise or by court order Genetic testing with a probability of 98% or higher. Rescission of Voluntary MRS CH 210.823: 60 days from the date of the last signature or the date of an administrative or judicial proceeding to establish a support Acknowledgment order in which the signatory is a party. Judicial Challenge: MRS CH 210.823: Challenge in court after the rescission period expires. MRS 210.822 2: A presumption pursuant to this section may be rebutted in an appropriate action. Time Frame: Reason for Challenge: MRS 210.823: Fraud, duress, or Mistake of fact. Level of Proof: MRS 210.822 2.: Clear and Convincing Evidence UPA: State MONTANA Presumed Father: If there is a presumed father, the presumed father must be made a party to the action. MCA 40-6-105: If there is a presumed father, the biological father and the mother may execute an affidavit of parentage upon written consent of the presumed father. Presumption of MCA 40-6-203: A child is legitimatized by marriage of the parents. Paternity: MCA 40-6-201: Legitimacy of children born in wedlock. All children born in wedlock are presumed to be legitimate. MCA 40-6-202: All children of a woman, who has been married, born within 10 months after the dissolution of the woman’s marriage, are presumed to be legitimate children of that marriage. Rescission of Voluntary 60 days from the date the acknowledgment was signed or a judicial or administrative proceeding enters an order for paternity or child Acknowledgment support which includes the signatory. Judicial Challenge: YES Time Frame: MCA 40-6-108 An action may be commenced at anytime for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105 PATERNITY DISESTABLISHMENT STATE TABLE Reason for Challenge: Fraud, Duress or material mistake of fact Level of Proof: Preponderance of the Evidence or Genetic testing. UPA: State NEBRASKA Presumed Father: Presumption of 42-377: Legitimacy: Children born to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled shall be Paternity: legitimate unless otherwise decreed by the court, and/or all children conceived before the commencement of the suit shall be presumed until the contrary is shown. Rescission of Voluntary 42-1409: (1) 60 days or (2) the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a Acknowledgment support order in which the signature is a party. Judicial Challenge: 43-1412.01: A petition may be filed to set aside a final judgment, court order, administrative order, or any other legal determination of paternity if a scientifically reliable genetic test is preformed. This section does not apply to paternity established by voluntary acknowledgment of paternity, adoption of the child, or knew the child was conceived through artificial insemination. Time Frame: Acknowledge of paternity—rebuttable presumption for fraud, duress or material mistake of fact with the burden of proof on the challenger. Reason for Challenge: Genetic test results pursuant to sec. 42-1401 to 43-1418. Level of Proof: UPA: State NEVADA Presumed Father: NRS 126.101 a presumed father must be made a party to an action filed under this section. Presumption of NRS 126:051: He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within Paternity: 285 days after the marriage is terminated. He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception. Before the child’s birth, he and the child’s natural mother have attempted to marry each other by law although the attempted marriage is invalid or could be declared invalid and the child was born during marriage or within 285 days after the termination of the marriage by court order or without a court order the child was born during the marriage or within 285 days after the termination of cohabitation. He receives the child into his home and openly holds out the child as his natural child. Genetic testing proves he is the father by a probability of paternity of 99% or higher. Rescission of Voluntary NRS 126.053: Within 60 days after the acknowledgment is signed by both persons: or before the date on which an administrative or judicial Acknowledgment proceeding relating to the child begins if that person is a party to the proceeding, whichever comes first. Judicial Challenge: NRS 126.051: 3. Filing an appropriate action or the presumption is rebutted by a court decree establishing paternity o the child by another man. Time Frame: NRS 126.081: An action to declare the nonexistence of the father child relationship is not barred until 3 years after the child reaches the age of majority. Reason for Challenge: AOP: Fraud, Duress, or material mistake of fact. Level of Proof: NRS 126.051: Clear and Convincing Evidence. UPA: State NEW HAMPSHIRE Presumed Father: PATERNITY DISESTABLISHMENT STATE TABLE Presumption of RSA 522:5: child born during wedlock may be overcome by Genetic testing. RSA 522:4,I(d): states that genetic testing can be used to prove Paternity: that the husband is not the father. Rescission of Voluntary RSA 5-C:28: Within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results Acknowledgment in an earlier date. Judicial Challenge: An Affidavit of paternity can be challenged in court after the 60 day rescission period. Time Frame: Reason for Challenge: Genetic testing as proof that the alleged father or presumed father is not the father. Level of Proof: UPA: 168-A Uniform Act On Paternity State NEW JERSEY Presumed Father: Presumption of 9:17-43: He and the child's biological mother are or have been married to each other and the child is born during the marriage, or within Paternity: 300 days after the marriage is terminated; Before the child's birth, he and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination; or if the attempted marriage is invalid without a court order, the child is born within 300 days after the termination or cohabitation; After the child's birth, he and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: he has acknowledged his paternity of the child in writing filed with the local registrar of vital statistics; he has sought to have his name placed on the child's birth certificate as the child's father, pursuant to R.S.26:8-40; or he openly holds out the child as his natural child; or he is obligated to support the child under a written voluntary agreement or court order; While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; While the child is under the age of majority, he provides support for the child and openly holds out the child as his natural child; or He acknowledges his paternity of the child in a writing filed with the local registrar of vital statistics and the mother consents and the presumed father consents in writing. Rescission of Voluntary 26:8-30: Within 60 days from the date of the signing of the Certificate of Parentage or by the date of the establishment of support order to Acknowledgment which the signatory is a party, whichever date is earlier. Judicial Challenge: 9:17-43: The presumption is rebutted by a court order terminating the presumed father's paternal rights or by establishing that another man is the child's biological or adoptive father. Time Frame: Reason for Challenge: Based upon Fraud, Duress or Mistake of Fact. Level of Proof: Clear and Convincing UPA: State NEW MEXICO Presumed Father: 40-11A-303: A presumed father may sign a denial of his paternity. The denial is valid only if: An acknowledgment of paternity signed or otherwise authenticated by another man. The presumed father has not previously acknowledged his paternity, or the acknowledgment has been rescinded.40-11A-304. Presumption of 40-11A-307: 60 days after the effective date of the acknowledgment or denial. In the case of a minor, 60 days after their eighteenth Paternity: birthday or 60 days after the effective date of the acknowledgment or denial whichever is later. Or the date of the first hearing, in a PATERNITY DISESTABLISHMENT STATE TABLE proceeding to which the signatory is a party, on issues relating to the child, including a proceeding that establishes support. Rescission of Voluntary 40-11A-204: He and the mother of the child are married to each other and the child is born during the marriage. He and the mother of the Acknowledgment child were married to each other and the child is born within 300 days after the marriage is terminated. Before the birth of the child, he and the mother of the child married each other by law, even if the attempted marriage could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination. After the birth of the child, he and the mother of the child married each other in by law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child. For the first two years of the child’s live, he resided in the same household with the child and openly held out the child as his own. Judicial Challenge: A presumption of paternity established pursuant to 40-11A-204 may be rebutted only by adjudication pursuant to Article 6, 40-11A-601. Time Frame: 40-11A-609- Acknowledged or adjudicated father—If a child has an acknowledged father or an adjudicated father, a person other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication. Reason for Challenge: Fraud, Duress, or mistake of fact or within two years after the acknowledgment or denial is flied or two years after the eighteenth birthday of the signatory, whichever is later. Level of Proof: 40-11A-608-Reasons to deny a motion for genetic testing. UPA: NMSA 40-11A-101 State NEW YORK Presumed Father: Presumption of The presumption of legitimacy of a child born to a married woman. The presumption of paternity when the probability of paternity is 95% Paternity: and higher. Presumption of legitimacy if the parties acknowledge that he is the father. Rescission of Voluntary 4135-B: with the earlier of 60 days or the date of an administrative or a judicial proceed in (including a proceeding to establish a support Acknowledgment order) relating to the child in which the signatory is a party. And 516-A. Judicial Challenge: If the father fails to appear after genetic testing is completed the court will enter a temporary order of support until such time as he appears to adjudicate the paternity. If the father fails to appear for Genetic testing and the hearing the court shall enter a temporary order of support until such time as he appears in court to adjudicate paternity. Time Frame: Reason for Challenge: AOP = After the 60 day period expires challenge may be made based on Fraud, Duress or mistake of fact. Level of Proof: Clear and Convincing UPA: State NORTH CAROLINA Presumed Father: Presumption of Legitimation: The putative father of any child born out of wedlock may apply by a verified written petition filed in a special proceeding in Paternity: the superior court to declare the child legitimate. GS 49-10 GS 49-12: When the mother of any child born out of wedlock and the reputed father of such child shall intermarry or shall have intermarried at any time after the birth of the child, the child shall in all respects be legitimate. A child is born during a marriage. Rescission of Voluntary GS 110-132: 60 days of the date the document was executed or the date of entry of an order establishing paternity or an order for the Acknowledgment payment of child support involving the signatory whichever comes first. Judicial Challenge: GS 49-12.1: If the mother is married to someone else, the putative father may file a special proceeding to legitimate the child pursuant to PATERNITY DISESTABLISHMENT STATE TABLE 40-10 but must notice the husband of the proceeding and must overcome the presumption of legitimacy by clear and convincing evidence. Time Frame: Anytime Reason for Challenge: GS 49-14: Paternity order was entered as the result of fraud, duress, mutual mistake or excusable neglect or genetic tests establish the putative father is not the biological father of the child. Nothing in this subsection shall be construed to affect the presumption of legitimacy where a child is born to a mother and a putative father during the course of a marriage. Level of Proof: Clear and Convincing Evidence UPA: State NORTH DAKOTA Presumed Father: Can file a denial of paternity but there must be an acknowledgment of the biological father to follow. Presumption of 14-20-10. (204): He and the mother of the child are married to each other and the child is born during the marriage; He and the mother of Paternity: the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation; Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, declaration of invalidity, divorce, or after a decree of separation; After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: The assertion is in a record filed with the state department of health; He agreed to be and is named as the child's father on the child's birth certificate; or He promised in a record to support the child as his own; or For the first two years of the child's life, he resided in the same household with the child and openly held out the child as his own. Rescission of Voluntary 14-19-10: within 60 days of the last signature on the document, either parent can file a notarized statement with the State Department of Acknowledgment Health after the 60 day period Judicial Challenge. Judicial Challenge: 14-20-10.(204) 2.: A presumption of paternity established under this section may be rebutted only by an Adjudication under sections 14-20-36 through 14-20-58. Time Frame: AOP: must be filed within one year from the time the new evidence is discovered. 14-20-42. (607): Presumed father: 2 years from the child’s birth. Reason for Challenge: AOP: Fraud, duress or material mistake of fact. Level of Proof: UPA: 14-20 State OHIO Presumed Father: 3111.07 Parties to an action-Intervention. Presumed father shall be made a party to the action along with the alleged father and mother. Presumption of 3111.03: The man and the child’s mother are or have been married to each other and the child was born during the marriage or is born Paternity: within 300 days after the marriage was terminated. The man and the child’s mother attempted, before the child’s birth, to marry each other by a marriage in conformity with state laws, the marriage is or could be declared invalid; the marriage can only be declared invalid by court order and he child is born during the marriage or within 300 days after termination or the attempted is invalid without a court order and the child was born within 300 days of the termination of cohabitation; An acknowledgment of paternity has been filed pursuant to State laws. Rescission of Voluntary 3111.27: Not later than 60 days after the date of the latest signature on the acknowledgment; the person requesting rescission must Acknowledgment request a determination under section 3111.38 of the existence of a parent and child relationship between the man who signed and the PATERNITY DISESTABLISHMENT STATE TABLE child on the acknowledgment. Give the office written notice to the child support enforcement agency conducting genetic tests to determine whether there is a parent child relationship; and last issue an order to determine a child parent relationship. Judicial Challenge: Presumption may be rebutted under this section except for the acknowledgment of paternity that becomes final under section 2151.232, 3111.25, or 311.821. Time Frame: Reason for Challenge: Genetic testing AOP: may be challenged after the rescission period based upon fraud, duress or material mistake of fact. Level of Proof: Clear and Convincing UPA: Chapter 2111: Parentage State OKLAHOMA Presumed Father: Presumption of Paternity: Rescission of Voluntary 10Sec. 70(B) Within 60 days of the last signature on the voluntary acknowledgment of paternity or at the time of the first filing of a case Acknowledgment that involves child related issues such as child support may request Genetic testing. After 60 days either party can go to court to overturn the Acknowledgment. Judicial Challenge: Challenge the Acknowledgment of paternity. Time Frame: Reason for Challenge: Based on Fraud, Duress or material mistake of fact. Level of Proof: Genetic testing UPA: State OREGON Presumed Father: 109.070: The husband and the mother of the child, who are cohabitating are the only ones to challenge paternity unless the consent to the challenge. Presumption of 109.070: A man is rebuttably presumed to the father of a child born to a woman if he and the woman were married to each other at the Paternity: time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void. The parties were married at the time of the birth of the child or within 300 days after termination of the marriage. The parents married after the birth of the child and they signed an acknowledgment of paternity. The parents of a child sign an acknowledgment of paternity which is on file with the State Registrar’s office. Rescission of Voluntary 60 days after filing the acknowledgment or the date of a proceeding relating to the child including a proceeding to establish a support Acknowledgment order, in which the party wishing to rescind the acknowledgment is also a party. After this time period anytime. Judicial Challenge: Yes for the Acknowledgment of paternity is after the time frame and to set aside a paternity judgment. Time Frame: Must file within one year upon learning of the fraud, misrepresentation or other misconduct. Reason for Challenge: Fraud, Duress or material mistake of fact. If the ground for petition is that the paternity determination was obtained by or was the result of Mistake, inadvertence, surprise or excusable neglect or Fraud, misrepresentation or other misconduct of an adverse party. The petitioner learned of the new evidence after the paternity judgment was entered. Level of Proof: Clear and convincing UPA: PATERNITY DISESTABLISHMENT STATE TABLE State PENNSYLVANIA Presumed Father: 23 PA C.S.A. § 5103 : Paternity Acknowledgement constitutes conclusive evidence of paternity Presumption of Paternity: Rescission of Voluntary 23 PA C.S.A. §5103 (g); within 60 days of signature or the first proceeding regarding same whichever occurs earlier Acknowledgment Judicial Challenge: Based on extensive case law; see Vargo vs. Schwartz 2007 PA Super 402 (2007) Time Frame: None Reason for Challenge: 23 PA C.S.A. §5103 (g) 2; fraud, duress, material mistake of fact Level of Proof: clear and convincing evidence. (genetic test NOT considered) UPA: State RHODE ISLAND Presumed Father: Presumption of Section 15-8-3 The presumed father and the child’s natural mother are or have been married to each other and the child was born during Paternity: the marriage or within 300 days after the marriage is terminated. Before the child’s birth the parties married or attempted to marry by law is or could be declared invalid. IF the attempted marriage could be declared invalid by a court, the child is born during the marriage or within 300 days after the marriage is terminated. If the attempted marriage is invalid without a court order the child is born within 300 days after the termination of cohabitation. After the child’s birth he and the child’s mother have married or attempted to marry, in compliance with law or the attempted marriage could be declared invalid. He has acknowledged his paternity of the child in writing filed with the clerk of the family court. With his consent, he is named as the child’s father on the child’s birth certificate; He is obligated to support the child under a written voluntary promise or by court order. Genetic testing proves he is the father. Rescission of Voluntary None Acknowledgment Judicial Challenge: Section 15-8-3 Judicial challenge to overcome the presumption except when filing the acknowledgment of paternity as the presumed father can agree to allow the biological father and the mother to acknowledgment of paternity by consenting. Time Frame: Reason for Challenge: Fraud Duress or mistake of fact Level of Proof: Clear and Convincing UPA: Chapter 15-8 Uniform Law on Paternity State SOUTH CAROLINA Presumed Father: 63-17-10(E): Presumed fathers must be made a party to the action. Presumption of 63-17-60: A verified voluntary acknowledgment of paternity. A birth certificate containing the signature of the mother and the putative Paternity: father. The testimony of a husband and wife as to any relevant matter, including marriage and parentage. Rescission of Voluntary 63-17-50: 60 days from the date of the last signature or the date of an administrative or judicial proceeding relating to the child including a Acknowledgment proceeding to establish a support order in which the signatory is a party. Judicial Challenge: Yes Time Frame: none PATERNITY DISESTABLISHMENT STATE TABLE Reason for Challenge: AOP = basis of fraud, duress, or material mistake of fact. Level of Proof: UPA: State SOUTH DAKOTA Presumed Father: Presumption of 25-8-52 & 25-8-57: The completion of an affidavit of paternity signed and notarized creates a presumption of paternity. Rebuttable Paternity: presumption of legitimacy, any child born within 10 months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them. Rescission of Voluntary none Acknowledgment Judicial Challenge: 29-8-49: An admission of paternity by an alleged father is prima facie evidence. 25-8-59: Any action contesting a rebuttable presumption of paternity as established by 25-8-50 to 25-8-58 inclusive shall be commenced in circuit court. Time Frame: Either 60 days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceeding to establish a support obligation whichever occurs earlier. Reason for Challenge: Fraud, duress, or material mistake of fact shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party. Level of Proof: UPA: State TENNESSEE Presumed Father: 36-2-304(b)(1)(A): If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date of a petition to determine parentage and the mother and husband file a sworn answer stating that the husband is the father of the child and the parentage action is dismissed based upon the filing of the sworn answer, the husband and wife are stopped from denying paternity. Presumption of 36-2-304: The man and the child’s mother are married or have been married to each other and the child is born during the marriage or Paternity: within 300 days after the marriage is terminated. Before the child’s birth the man and the mother have attempted to marry each other by law although the attempted marriage is or could be declared illegal, void or voidable. After the child’s birth, the man and the mother have married or attempted to marry each other by law although such marriage is or could be declared void or voidable. The man has acknowledged his paternity of the child writing filed under the putative father registry. The man has consented in writing to be named the child’s father on the birth certificate. The man is obligated to support the child under a written voluntary promise or by court order. While the child is under the age of majority, the man receives the child into the man’s home and openly holds the child out as the man’s natural child. Genetic tests have been administered with a probability of paternity of 95% or higher. Rescission of Voluntary 24-7-113(1)&(2): 60 days following the completion of the acknowledgement or at any judicial or administrative proceeding during that Acknowledgment period at which the signatory is a party and which proceeding relates to the child, or judicial tribunal which directs the rescission of such acknowledgment. Judicial Challenge: Time Frame: 36-2-304(2)(B): An alleged father can bring a petition at anytime to challenge the parentage of a child even if there is a presumption of paternity. PATERNITY DISESTABLISHMENT STATE TABLE Reason for Challenge: Level of Proof: 36-2-304(3): The standard of proof in an action to rebut paternity shall be by preponderance of the evidence. UPA: State TEXAS Presumed Father: 160:303: A presumed father may deny paternity of a child if another man acknowledges and the presumed father has not already acknowledged the child. Presumption of Sec. 160.204: He is married to the mother of the child and the child is born during the marriage; He is married to the mother of the child Paternity: and the child is born before the 301st day after the date the marriage is terminated, or declared invalid, or divorce. He married the mother of the child in by law even if the attempted marriage is or could be declared invalid and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated. He married the mother of the child after the birth of the child by law regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child and the assertion is in a record filed with the bureau of vital statistics or he is voluntarily named as the child’s father on the birth certificate or he promised in a record to support the child as his own or during the first 2 years of the child’s life he continuously resided in the household in which the child resided and he represented to others that the child was his own. Rescission of Voluntary 60 days after the effective date of the acknowledgment or the date the signatory is a party is initiated before a court to adjudicate issues Acknowledgment relating to the child including child support. Judicial Challenge: Rebutted presumption by: an adjudication under subchapter G or the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by section 160.305. Sec. 160.637(e): A party to an adjudication of paternity may challenge the adjudication only under the laws of this state relating to appeal, the vacating of judgments, or other judicial review. Time Frame: Presumed fathers have until the 4th anniversary of birth or for an acknowledgement 4th anniversary from the effective date. Reason for Challenge: AOP: Fraud, duress or mistake of fact after the rescission period. Level of Proof: UPA: Section 160 State UTAH Presumed Father: Presumed father may sign a denial of paternity. Presumption of 78B-15-204: A man and the mother of the child are married to each other and the child is born Paternity: During the marriage. A man and the mother of the child were married to each other and the child is Born within 300 days after the marriage is terminated. Before the birth of the child, he and the mother of the child married each by law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination. After the birth of the child, he and the mother of the child married each other by law, or attempted to marry and the marriage could be determined invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and: (i) the assertion is in a record filed with the Office of Vital Records; (ii) he agreed to be and is named as the child's father on the child's birth Certificate; or (iii) he promised in a record to support the child as his own. If a child has an adjudicated father, the results of genetic testing are Inadmissible to challenge paternity except as set forth in Section 78B-15-607.

Rescission of Voluntary 78B-15-308.: A rescission must be adjudicated in the same manner as the adjudication of parentage. PATERNITY DISESTABLISHMENT STATE TABLE Acknowledgment Judicial Challenge: A presumption of paternity established under this section may only be rebutted in accordance with Section 78B-15-607. If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge paternity except as set forth in Section 78B-15-607. Time Frame: Reason for Challenge: Level of Proof: Preponderance of the evidence. UPA: State VERMONT Presumed Father: Presumption of 15 V.S.A. § 308: The alleged parent fails to submit without good cause to genetic testing as ordered; or The alleged parents have voluntarily Paternity: acknowledged parentage under the laws of this state or any other state, by filling out and signing a Voluntary Acknowledgement of Parentage form and filing the completed and witnessed form with the department of health; or The probability that the alleged parent is the biological parent exceeds 98 percent as established by a scientifically reliable genetic test; or The child is born while the husband and wife are legally married to each other. Rescission of Voluntary 15 V.S.A. § 307(f): Within 60 days after signing the form or prior to a judicial determination of parentage, whichever occurs first. Acknowledgment Judicial Challenge: 15 V.S.A. § 293(b): Any legal presumption of parentage as set forth in section 308 of this title shall be sufficient basis for initiating a support action under this section without any further proceedings to establish parentage. If a party raises an objection to the presumption, the court may determine the issue of parentage as part of the support action. If no written objection to the presumption is raised, an order under this section shall constitute a judgment on the issue of parentage. Time Frame: Reason for Challenge: Level of Proof: UPA: State VIRGINIA Presumed Father: Presumption of Paternity: Rescission of Voluntary § 63.2-1903: Including the right to rescind the acknowledgment within the earlier of (i) sixty days from the date of signing or (ii) the date of Acknowledgment entry of an order in an administrative or judicial proceeding relating to the child in which the signatory is a party. Judicial Challenge: § 20-49.10: An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination. Time Frame: Reason for Challenge: Genetic Testing or AOP: fraud, duress or a material mistake of fact. PATERNITY DISESTABLISHMENT STATE TABLE Level of Proof: UPA: State WASHINGTON Presumed Father: Presumed father may sign a denial of paternity but the alleged father must sign an acknowledgment of paternity. If he has been adjudicated the father he cannot file a denial of paternity. Presumption of Context of a marriage or a domestic partnership: The person and the mother or father of the child are married to each other or in a Paternity: domestic partnership with each other and the child is born during the marriage or domestic partnership. The person and the mother or father of the child were married to each other or in a domestic partnership with each other and the child is born within 300 days after the marriage or domestic partnership was terminated. Before the birth of the child, the person and the mother or father of the child married each other or entered in to a domestic partnership with each other by law even if the marriage or domestic partnership could be declared invalid and the child was born during the invalid marriage/domestic partnership or within 300 days after its termination. After the birth of the child, the person and the mother or father of the child have married each other or entered into a domestic partnership by law whether or not it can be declared invalid, the person voluntarily asserted parentage of the child. A person is presumed to be the parent of a child if for the first 2 years of the child’s life, the person resided in the same household with the child and openly held out the child as his or her own. Rescission of Voluntary RCW 26.26.330: 60 days after the effective date of the acknowledgment or denial or the date of the first hearing in a proceeding to which Acknowledgment the signatory is a party before a court to adjudicate an issue relating to the child, including child support. Judicial Challenge: A presumption of parentage established under this section may be rebutted only by adjudication under RCW 26.26.500 to 26.26.630. Time Frame: AOP: within 4 years from the effective date of the Voluntary acknowledgment of Paternity. Presumption of Paternity: must be within 4 years of the date of birth. Reason for Challenge: AOP: Fraud, Duress or Material mistake of fact. Level of Proof: UPA: State WISCONSIN Presumed Father: 891.41(2): Rebuttable by genetic test results of 99.99% or higher. Presumption of 891.405: A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity and no other man is Paternity: presumed to be the father. 891.41: Presumption based on marriage—A man and the child’s mother are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment or divorce. A man and the child’s mother were married to each other after the child was born but he and the child’s mother had a relationship with one another during the period of time within which the child was conceived and no other man has been adjudicated or presumed to be the father. Rescission of Voluntary 69.15: Before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man Acknowledgment who signed the statement as the father or 60 days after the statement was filed. Judicial Challenge: 891.39: Judicial filing of an action and can be alleged father Time Frame: Reason for Challenge: Level of Proof: 891.39: Clear and satisfactory preponderance of the evidence. Genetic testing 99% or higher UPA: PATERNITY DISESTABLISHMENT STATE TABLE State WEST VIRGINIA Presumed Father: Presumption of Presumption of paternity of a child born during a marriage. Paternity: Rescission of Voluntary W.VA.16-5-12(i)(4): Within 60 days of the filing of the Voluntary Acknowledgment, a parent may file a verified complaint in the courts to Acknowledgment rescind the Acknowledgment with a hearing on the issue and the court entering an order. After 60 days same procedure. Judicial Challenge: Based upon: Motion filed in family court in the action pending providing newly discovered evidence that was not known at the time the judgment entered with genetic testing that was completed within 90 days of filing the motion and the genetic test results show 0% probability. The male did not adopt the child. The child was not conceived by artificial insemination while the male was married to the mother. The male did not act to prevent the biological father from asserting his parental rights. The male did not have knowledge prior to the judgment entering that he was not the biological father. Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support. Acknowledged his paternity of the child in a sworn statement. Was named as the biological father on the birth certificate by his consent. Been required to pay child support based upon a written voluntary promise. Was ordered to submit to genetic testing to prove paternity but refused to submit. Signed a voluntary acknowledgment of paternity. Time Frame: 48-18-105a.: Any Time Reason for Challenge: AOP: Allegations of fraud, duress or Material Mistake of fact. Level of Proof: UPA: State WYOMING Presumed Father: 14-2-602: Presumed father may file a denial of paternity or also sign the voluntary acknowledgment with the alleged father. 14-2-087: The presumed father has up to the child’s fifth birthdate to overcome the presumption of paternity. Presumption of 14-2-504: He and the mother of the child are married to each other and the child is born during the marriage; He and the mother of the Paternity: child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born: during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: The assertion is in a record filed with the state office of vital records; He agreed to be and is named as the child's father on the child's birth certificate; or He promised in a record to support the child as his own. For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own. Rescission of Voluntary 14-2-607: 60 days after the voluntary acknowledgment is signed or at the time of the first judicial proceeding to adjudicate child related Acknowledgment issues in which the signatory is a party including child support. Judicial Challenge: A presumption of paternity established under section 14-2-504 may be rebutted only by adjudication under article 8 of this act. Time Frame: 14-2-602: AOP: Must challenge the Voluntary acknowledgment within 2 years or it is barred. Reason for Challenge: 14-2-608: AOP: Fraud, duress or mistake of fact. Level of Proof: Genetic testing PATERNITY DISESTABLISHMENT STATE TABLE UPA:

DISCLAIMER: Based upon research conducted through the Internet from the Cornell University website by accessing state statutes throughout the United States, this document was created to represent or reflect, to the best of the creator’s knowledge, paternity disestablishment statutes in each state. This representation may not be completely accurate due to human error or mistake of fact.