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Can I challenge my boyfriend's rescission of paternity acknowledgment?

Can I challenge my boyfriend's rescission of paternity acknowledgment?

Q: What is the acknowledgment of legitimation?

An acknowledgment of legitimation is a formal declaration that a child born out of wedlock is recognized as legitimate. This process often involves both parents signing a document to affirm the child's legal status, which can help secure rights related to inheritance, custody, and support.

Q: What is the rescission of acknowledgment?

The rescission of acknowledgment refers to the process where a parent who has signed an acknowledgment of paternity seeks to withdraw or cancel that acknowledgment. In Alabama, this can be done within a specific timeframe and under certain grounds, such as fraud or duress (Ala. Code § 26-17-308).

Q: What does getting a child legitimized mean?

Getting a child legitimized means establishing the child’s legal status as if they were born to married parents. This process grants the child rights to inheritance, support, and parental custody. It often requires a court order and can provide legal recognition of the parent-child relationship.

Q: What is dispute paternity?

Disputed paternity occurs when there is uncertainty or disagreement about a child's biological father. This can arise in situations involving multiple potential fathers or when one party contests an acknowledgment of paternity. Legal actions may be taken to establish paternity through DNA testing or court proceedings.

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: 04/07/2025
State: Alabama

Answer:

Under Alabama law, an acknowledgment of paternity becomes effective when both the mother and the father sign it and it is filed with the Alabama Office of Vital Statistics (Ala. Code § 26-17-304(b)). As a signatory, you can challenge the acknowledgment after the rescission period has expired, but only on specific grounds: fraud, duress, or material mistake of fact (Ala. Code § 26-17-308(a)). You may also challenge it as outlined in Ala. Code § 26-17A-1.

To initiate a challenge, you must provide proof of these claims. If your boyfriend wishes to rescind the acknowledgment, you can contest this action based on the legal grounds mentioned. Remember, the burden of proof lies with the party challenging the acknowledgment.

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.

FAQs

Does an acknowledgment of paternity need to be notarized?

In Alabama, an acknowledgment of paternity does not need to be notarized to be valid. It becomes effective once both parents sign it and it is filed with the Alabama Office of Vital Statistics (Ala. Code § 26-17-304(b)). However, having it notarized can provide additional legal assurance.

What is the difference between legitimation and acknowledgment?

Legitimation is a legal process that grants a child the same rights as those born to married parents, typically requiring a court order. An acknowledgment of paternity is a simpler process where both parents sign a document recognizing the father-child relationship without needing court involvement. Both establish paternity but through different legal means.