Full question:
My friend has recently signed an acknowledgment of paternity and filed it with the office of child support, Ohio. However, due to some reasons, now my friend intends to revoke the acknowledgement. Can an acknowledgment of paternity be revoked? If yes, then what is the limitation period for revoking the acknowledgment of paternity?
- Category: Paternity
- Date:
- State: Ohio
Answer:
In Ohio, ORC Ann. § 3111.27 provides the procedure and time period within which an acknowledgment of paternity may be rescinded or revoked. ORC Ann. §3111.27 reads:“(A) Except as provided in section 2151.232 or 3111.821 of the Revised Code, for an acknowledgment of paternity filed with the office of child support to be rescinded both of the following must occur:
(1) Not later than sixty days after the date of the latest signature on the acknowledgment, one of the persons who signed it must do both of the following:
(a) Request a determination under section 3111.38 of the Revised Code of whether there is a parent and child relationship between the man who signed the acknowledgment and the child who is the subject of it;
(b) Give the office written notice of having complied with division (A)(1)(a) of this section and include in the notice the name of the child support enforcement agency conducting genetic tests to determine whether there is a parent and child relationship;
(2) An order must be issued under section 3111.46 of the Revised Code determining whether there is a parent and child relationship between the man and the child.
(B) Not later than the end of the business day following the business day on which the office receives a notice under division (A)(1)(b) of this section, it shall contact the agency indicated in the notice to verify that the person sending it has complied with division (A)(1) of this section. If the office verifies compliance, and the notice was sent within the time limit required by this section, the office shall note in its records the date the notice was received and that the acknowledgment to which the notice pertains is subject to recission. The office shall direct the agency to notify the office of the agency's issuance of an order described in division (A)(2) of this section. On receipt from an agency of notice that an order described in division (A)(2) of this section has been issued, the acknowledgment to which the order pertains shall be rescinded as of the date.
If the office is unable to verify compliance with division (A)(1) of this section, it shall note in its records the date the notice under division (A)(1)(b) of this section was received and that compliance with division (A)(1) of this section was not verified.”
Yes, an acknowledgment of paternity may be revoked under ORC Ann. § 3111.27. The acknowledgment is required to be revoked within sixty days of signing the acknowledgment.
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