§ 15-8.1-308. Challenge to acknowledgment after expiration of period for rescission.
(a) After the period for rescission under § 15-8.1-307 has expired, a signatory of an acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the acknowledgment or denial only:
(1) On the basis of fraud, duress, coercion, threat of harm, or material mistake of fact; and
(2) Within two (2) years after the acknowledgment or denial is effective in accordance with § 15-8.1-304.
(b) If an acknowledgment of parentage has been made in accordance with this chapter, an individual who is neither the child nor a signatory to the acknowledgment who seeks to challenge the validity of the acknowledgment and adjudicate parentage shall commence a proceeding within two (2) years after the effective date of the acknowledgment unless the individual did not know and could not reasonably have known of the individual’s potential parentage due to a material misrepresentation or concealment, in which case the proceeding shall be commenced within two (2) years after the discovery of the individual’s potential parentage. An individual under this section who seeks to challenge the validity of an acknowledgment and adjudicate parentage must have standing under § 15-8.1-105. The court may permit the proceeding only if the court finds that the proceeding is in the best interests of the child. If the court permits the proceeding, the court shall adjudicate parentage under § 15-8.1-206.
(c) An individual challenging an acknowledgment of parentage or denial of parentage pursuant to this section has the burden of proof by clear and convincing evidence.
(d) A court proceeding in which the validity of an acknowledgment of parentage is challenged shall be consolidated with any other pending court actions regarding the child.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.