26.26.305 - Execution of acknowledgment of paternity.

Execution of acknowledgment of paternity.

(1) An acknowledgment of paternity must:

     (a) Be in a record;

     (b) Be signed under penalty of perjury by the mother and by the man seeking to establish his paternity;

     (c) State that the child whose paternity is being acknowledged:

     (i) Does not have a presumed father, or has a presumed father whose full name is stated; and

     (ii) Does not have another acknowledged or adjudicated father;

     (d) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and

     (e) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.

     (2) An acknowledgment of paternity is void if it:

     (a) States that another man is a presumed father, unless a denial of paternity signed by the presumed father is filed with the state registrar of vital statistics;

     (b) States that another man is an acknowledged or adjudicated father; or

     (c) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.

     (3) A presumed father may sign an acknowledgment of paternity.

[2002 c 302 § 302.]