Full question:
My boyfriend had signed an acknowledgement of paternity with respect to our two kids. Now my boyfriend wants to live separately and wants to rescind the acknowledgement. If my boyfriend rescinds the acknowledgement, can I challenge such rescission?
- Category: Paternity
- Date:
- State: Alabama
Answer:
Per Code of Ala. § 26-17-304, an acknowledgment of paternity comes into effect when both the mother and the putative father have signed the acknowledgment. Under Code of Ala. § 26-17-308, the mother being one of the signatory to the acknowledgment of paternity, may challenge the acknowledgment in the manner provided in Code of Ala. § 26-17-308 and Code of Ala. § 26-17A-1.Code of Ala. § 26-17-304 reads:
“(b) An acknowledgment of paternity takes effect upon the signature of both the mother and putative father and the filing of the document with the Alabama Office of Vital Statistics.”
Code of Ala. § 26-17-308 reads:
“(a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:
(1) on the basis of fraud, duress, or material mistake of fact; or
(2) in the same manner as provided in Section 26-17A-1.
(b) A party challenging an acknowledgment of paternity has the burden of proof.”
Code of Ala. § 26-17A-1 reads:
“(a) Upon petition of the defendant in a paternity proceeding where the defendant has been declared the legal father, the case shall be reopened if there is scientific evidence presented by the defendant that he is not the father. The court shall admit into evidence any scientific test recognized by the court that has been conducted in accordance with established scientific principles or the court may order a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court orders a test and any of the persons to be tested refuse to submit to the test, the fact shall be disclosed at the trial, unless good cause is shown.
(b) The test shall be made by a qualified expert approved by the court. The expert may be called by the court or any party as a witness to testify to the test results and shall be subject to cross-examination by the parties. The test results may be admitted into evidence. If more than one test is performed and the results are conflicting, none of the test results shall be admissible as evidence of paternity or nonpaternity.
(c) Compensation of the expert witness shall be paid by the petitioner.
(d) In the event the child has been adopted the matter of paternity may not be reopened under this chapter.”
You may challenge the acknowledgment of paternity either on the basis of fraud, duress or material mistake of fact; or in the manner provided in Section 26-17A-1.
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.
