Full question:
I live in Delaware, in 2006, I acknowledged paternity for 2 children. Recently, I found out that I am not biological father of the 2 children. In 2010, the other man (real father of the 2 children) filed with the court to claim both children to stand as father of the 2 children, but denied by 13 Del. C. _ 8-609. Limitation: Child having acknowledged or adjudicated father (b). What can I do to transfer my paternity of the 2 children to the other man?
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: Delaware
Answer:
A person who has signed a voluntary acknowledgement of paternity in Delaware is under a 2 year statute of limitations if he wishes to rescind it. A paternity action may often be brought where the mother and/or child resides, so it may be possible to bring a paternity action in another state.
Please see the following DE statutes:
13 Del. C. § 8-609. Limitation: Child having acknowledged or adjudicated father. (a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under §§ 8-307 or 8-308 of this title.
13 Del. C. § 8-307. Proceeding for rescission.
A signatory may rescind an acknowledgment of paternity or denial of
paternity by commencing a proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial,
as provided in § 8-304; or
(2) The date of the first hearing, in a proceeding to which the
signatory is a party, before a court to adjudicate an issue relating to
the child, including a proceeding that establishes support.
13 Del. C. § 8-308. Challenge after expiration of period for rescission.
(a) After the period for rescission under § 8-307 of this title has
expired, a signatory of 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 2 years after the acknowledgment or denial is filed with the
Office of Vital Statistics.
(b) A party challenging an acknowledgment of paternity or denial of
paternity has the burden of proof.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
