78B-15-307 - Challenge after expiration of period for rescission.
78B-15-307. Challenge after expiration of period for rescission.
(1) After the period for rescission under Section 78B-15-306 has expired, a signatory of adeclaration of paternity or denial of paternity, or a support-enforcement agency, may commence aproceeding to challenge the declaration or denial only on the basis of fraud, duress, or materialmistake of fact.
(2) A party challenging a declaration of paternity or denial of paternity has the burden ofproof.
(3) A challenge brought on the basis of fraud or duress may be commenced at any time.
(4) A challenge brought on the basis of a material mistake of fact may be commencedwithin four years after the declaration is filed with the Office of Vital Records. For the purposesof this Subsection (4), if the declaration of paternity was filed with the Office of Vital Recordsprior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
(5) For purposes of Subsection (4), genetic test results that exclude a declarant father orthat rebuttably identify another man as the father in accordance with Section 78B-15-505constitute a material mistake of fact.
Renumbered and Amended by Chapter 3, 2008 General Session