senate Bill S4644C

Signed by Governor

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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  • 16 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 25 / Apr / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 25 / Apr / 2013
    • PRINT NUMBER 4644A
  • 10 / May / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 10 / May / 2013
    • PRINT NUMBER 4644B
  • 14 / May / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 14 / May / 2013
    • PRINT NUMBER 4644C
  • 29 / May / 2013
    • 1ST REPORT CAL.762
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO CODES
  • 17 / Jun / 2013
    • SUBSTITUTED FOR A7375
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.262
  • 17 / Jun / 2013
    • PASSED ASSEMBLY
  • 17 / Jun / 2013
    • RETURNED TO SENATE
  • 09 / Oct / 2013
    • DELIVERED TO GOVERNOR
  • 21 / Oct / 2013
    • SIGNED CHAP.402

Summary

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment.

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Bill Details

See Assembly Version of this Bill:
A7375
Versions:
S4644
S4644A
S4644B
S4644C
Legislative Cycle:
2013-2014
Law Section:
Family Court Act
Laws Affected:
Amd §516-a, Fam Ct Act; amd §4135-b, Pub Health L

Sponsor Memo

BILL NUMBER:S4644C REVISED MEMO 06/05/2013

TITLE OF BILL: An act to amend the family court act and the public
health law, in relation to acknowledgments of paternity executed by
juveniles under the age of eighteen

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

This measure would amend section 516-a of the Family Court Act and
section 4135-b of the Public Health Law in relation to vacatur of an
acknowledgment of paternity made by a minor.

Title IV-D of the Federal Social Security Act and its implementing
regulations require State child support programs, as a condition of
eligibility for Federal reimbursement, to include a "simple, civil
process" for parents voluntarily to acknowledge paternity either in
the hospital immediately upon an infant's birth or subsequently
elsewhere and for the child support agencies to publicize and
encourage use of this procedure. Such acknowledgments are equivalent
to judicial orders of filiation and thus form the basis for child
support orders. See 42 USCA §§ 654(4)(A), 654(23), 666(a)(5); 95
C.F.R. § 302.70(a)(5). Incentivized by Federal funding, use of
acknowledgments of paternity as the predicate for child support orders
has become widespread nationally. The Federal Office of Child Support
Enforcement in the United States Department of Health and Human
Services Administration for Children and Families reported that, in
Fiscal Year 2010, "1.7 million paternities were established or
acknowledged, of which 1.1 million involved in-hospital or other
paternity acknowledgments." As implemented in New York pursuant to
Family Court Act § 516-a and Public Health Law § 4135-b, such
acknowledgments are widely used as the predicates for establishing
orders of child support.

In requiring written and oral notices of rights to prospective
signatories to voluntary acknowledgments of paternity to include "the
rights (including, if one parent is a minor, any rights afforded due
to minority status)," Federal law and regulations recognize that
acknowledgments executed by minor parents may trigger special
considerations warranting additional protections. See 42 U.S.C.A.
666(a)(5)(C)(i); 45 C.F.R. § 302.70(a)(5)(iii). Nonetheless, neither
Federal nor New York State laws specify any rights or special
procedures applicable either to the execution or rescission of
voluntary acknowledgments by minor parents.

We, therefore, propose this measure to permit a signatory to an
acknowledgment of paternity to file a petition to vacate it any time
up to 60 days after the signatory reaches the age of 18, where the
acknowledgment had been executed during his or her minority. Just as
both the Family Court Act and the Public Health Law provide an earlier
time limit for filing a vacatur petition where a proceeding had been
convened constituting a "ratification" of the acknowledgment, so, too,
this measure provides an alternative, earlier time limit where the
time limit for the signatory to answer a petition to establish a child
support order. In light of the signatory's minority, the measure
provides an additional protection, i.e., an advisement at such


proceeding of his or her right to file a petition to vacate the
acknowledgment within sixty days of the date of such proceeding.
Significantly, even if granted, a petition to vacate a teen parent's
acknowledgment of paternity does not automatically vacate the parent's
child support obligation. To the contrary, it would simply result in
the court ordering a DNA test to judicially establish paternity and
child support.

Several other states have established extended time limits for
petitions to vacate paternity acknowledgments executed by minors. Our
measure most closely resembles the statute in California, which
permits a signatory to rescind an acknowledgment "at any time up to 60
days after the parent reaches the age of 18 or becomes emancipated
whichever first occurs." (California, unlike New York, has a formal,
statutory emancipation procedure). An acknowledgment creates a
presumption of paternity but is not actually binding until that time
limit has run. See Calif. Family Code § 7577. Further, the Illinois
Parentage Act provides that a paternity acknowledgment creates a
presumption of paternity except that "if a minor has signed the
acknowledgment of paternity or acknowledgment of parentage and denial
of paternity, the presumption becomes conclusive six months after the
minor reaches majority or is otherwise emancipated." See 750 Ill.
Comp. Stat. § 45(5)(5)(b). Kansas law permits an application to
rescind an acknowledgment of paternity to be filed "at any time until
one year after that person attains age 18, unless the court finds that
the child is more than one year of age and that revocation of the
acknowledgment of paternity is not in the child's best interest." See
Kansas Dom. Rel. Code §§ 23-204(b)(1), 23-209(e)(Rev. 11/09).
Additionally, in Texas, a petition to vacate an acknowledgment of
paternity based upon fraud, duress or material mistake of fact or a
collateral attack upon an acknowledgment must be "commenced before the
earlier of the fourth anniversary of the date of: (1) the signatory's
18th birthday; or (2) the removal of the signatory's disabilities of
minority by court order, marriage, or by other operation of law." See
Texas Family Code § 160.308(a).

Significantly, this measure will not impose any fiscal burdens upon
State or local governments. Not only are the numbers of additional
petitions to vacate paternity acknowledgments executed by minors
expected to be small, but also Federal reimbursement will be
available. For cases falling within the IV-D program - that is, cases
in which a custodial parent is on public assistance or requests child
support services from the child support agency, including proceedings
to contest paternity or to vacate a paternity acknowledgment - Federal
funds cover two-thirds of the costs of court proceedings. See 42
U.S.C. § 655; 45 C.F.R. § 304.21. Additionally, as the Federal Office
of Child Support Enforcement has explained, "if paternity is contested
in accordance with state law and the IV-D agency orders genetic
testing in a IV-D case, Federal IV-D funding is available at 90
percent for the cost of such tests."

An acknowledgment of paternity may constitute the basis for
establishing an order of child support lasting until the signatory's
infant turns 21. When executed by a minor, there should be an avenue
of relief to seek vacatur of an acknowledgment of paternity. The
proposed measure, with its alternative time limits, provides a fair
and effective approach to accommodating a recognition of the


judgmental limitations of minor parents with the need to ensure child
support for their children.

This measure, which would have no fiscal impact upon the State, would
take effect 90 days after becoming a law and would apply
prospectively.

2013 Legislative History:

Senate 4644-C (Sen. Bonacic) (amended & reported)
Assembly 7375 (Assemblymember Weinstein) (reported to Codes)

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4644--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the family court act  and  the  public  health  law,  in
  relation  to  acknowledgments of paternity executed by juveniles under
  the age of eighteen

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  (b)  and (c) of section 516-a of the family
court act, as amended by chapter 462 of the laws of 2007, are amended to
read as follows:
  (b) (i) [An] WHERE A  SIGNATORY  TO  AN  acknowledgment  of  paternity
executed pursuant to section one hundred eleven-k of the social services
law  or  section  four  thousand one hundred thirty-five-b of the public
health law HAD ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION  OF
THE ACKNOWLEDGMENT, THE SIGNATORY may [be rescinded] SEEK TO RESCIND THE
ACKNOWLEDGMENT  by  [either  signator's] filing [of] a petition with the
court to vacate the acknowledgment within the earlier of sixty  days  of
the  date of signing the acknowledgment or the date of an administrative
or a judicial proceeding (including, BUT NOT LIMITED TO, a proceeding to
establish a support order) relating to the child in which [either signa-
tor] THE SIGNATORY is a party. [If, at any time before or after a  peti-
tion  is  filed,  a  signator  dies or becomes mentally ill or cannot be
found within the state, neither the proceeding nor the right to commence
the proceeding shall abate but may be commenced or continued by  any  of
the  persons authorized by this article to commence a paternity proceed-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09330-08-3

S. 4644--C                          2

ing.] For purposes of this section, the "date of an administrative or  a
judicial  proceeding"  shall  be  the  date  by  which the respondent is
required to answer the petition. [The]
  (II)  WHERE  A  SIGNATORY  TO  AN ACKNOWLEDGMENT OF PATERNITY EXECUTED
PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF THE SOCIAL SERVICES  LAW  OR
SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW
HAD  NOT  ATTAINED  THE  AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE
ACKNOWLEDGMENT, THE SIGNATORY MAY SEEK TO RESCIND THE ACKNOWLEDGMENT  BY
FILING A PETITION WITH THE COURT TO VACATE THE ACKNOWLEDGMENT ANYTIME UP
TO  SIXTY DAYS AFTER THE SIGNATORY'S ATTAINING THE AGE OF EIGHTEEN YEARS
OR SIXTY DAYS AFTER THE DATE ON WHICH  THE  RESPONDENT  IS  REQUIRED  TO
ANSWER  A  PETITION (INCLUDING, BUT NOT LIMITED TO, A PETITION TO ESTAB-
LISH A SUPPORT ORDER) RELATING TO THE CHILD IN WHICH THE SIGNATORY IS  A
PARTY,  WHICHEVER IS EARLIER; PROVIDED, HOWEVER, THAT THE SIGNATORY MUST
HAVE BEEN ADVISED AT SUCH PROCEEDING OF HIS OR HER RIGHT TO FILE A PETI-
TION TO VACATE THE ACKNOWLEDGMENT WITHIN SIXTY DAYS OF THE DATE OF  SUCH
PROCEEDING.
  (III)  WHERE  A  PETITION TO VACATE AN ACKNOWLEDGMENT OF PATERNITY HAS
BEEN FILED IN ACCORDANCE WITH PARAGRAPH (I) OR (II) OF THIS SUBDIVISION,
THE court shall order genetic marker tests or DNA tests for the determi-
nation of the child's paternity. No such test shall be ordered, however,
upon a written finding by the court that it is not in the best interests
of the child on the basis of res judicata, equitable  estoppel,  or  the
presumption  of  legitimacy  of  a child born to a married woman. If the
court determines, following the test, that the  person  who  signed  the
acknowledgment  is the father of the child, the court shall make a find-
ing of paternity and enter an order of filiation. If  the  court  deter-
mines that the person who signed the acknowledgment is not the father of
the child, the acknowledgment shall be vacated.
  [(ii)]  (IV)  After  the expiration of [sixty days of the execution of
the acknowledgment] THE TIME LIMITS SET FORTH IN PARAGRAPHS (I) AND (II)
OF THIS SUBDIVISION, [either signator] ANY  OF  THE  SIGNATORIES  TO  AN
ACKNOWLEDGMENT  OF PATERNITY may challenge the acknowledgment [of pater-
nity] in court by  alleging  and  proving  fraud,  duress,  or  material
mistake of fact. [If, at any time before or after a petition is filed, a
signator  dies  or  becomes  mentally  ill or cannot be found within the
state, neither the proceeding nor the right to commence  the  proceeding
shall  abate  but  may  be  commenced or continued by any of the persons
authorized by this article to commence a paternity proceeding.]  If  the
petitioner  proves to the court that the acknowledgment of paternity was
signed under fraud, duress, or due to a material mistake  of  fact,  the
court  shall THEN order genetic marker tests or DNA tests for the deter-
mination of the child's paternity. No such test shall be ordered, howev-
er, upon a written finding by the court that  it  is  not  in  the  best
interests of the child on the basis of res judicata, equitable estoppel,
or  the presumption of legitimacy of a child born to a married woman. If
the court determines, following the test, that the person who signed the
acknowledgment is the father of the child, the court shall make a  find-
ing  of  paternity  and enter an order of filiation. If the court deter-
mines that the person who signed the acknowledgment is not the father of
the child, the acknowledgment shall be vacated.
  (V) IF, AT ANY TIME BEFORE OR AFTER A SIGNATORY HAS FILED  A  PETITION
TO  VACATE  AN ACKNOWLEDGMENT OF PATERNITY PURSUANT TO THIS SUBDIVISION,
THE SIGNATORY DIES OR BECOMES MENTALLY ILL OR CANNOT BE FOUND WITHIN THE
STATE, NEITHER THE PROCEEDING NOR THE RIGHT TO COMMENCE  THE  PROCEEDING

S. 4644--C                          3

SHALL  ABATE  BUT  MAY  BE  COMMENCED OR CONTINUED BY ANY OF THE PERSONS
AUTHORIZED BY THIS ARTICLE TO COMMENCE A PATERNITY PROCEEDING.
  (c)  Neither [signator's] SIGNATORY'S legal obligations, including the
obligation for child support arising from  the  acknowledgment,  may  be
suspended  during  the  challenge  to the acknowledgment except for good
cause as the court may find. If the court vacates the acknowledgment  of
paternity,  the  court  shall immediately provide a copy of the order to
the registrar of the district in which the child's birth certificate  is
filed  and  also to the putative father registry operated by the depart-
ment of social services pursuant to section three hundred  seventy-two-c
of  the social services law. In addition, if the mother of the child who
is the subject of the acknowledgment is  in  receipt  of  child  support
services pursuant to title six-A of article three of the social services
law,  the  court  shall  immediately  provide a copy of the order to the
child support enforcement unit of  the  social  services  district  that
provides the mother with such services.
  S  2. Subdivisions 1 and 2 of section 4135-b of the public health law,
subdivision 1 as added by chapter 59 of the laws of 1993, paragraph  (a)
of subdivision 1 as amended by chapter 214 of the laws of 1998, subdivi-
sion  2  as amended by chapter 170 of the laws of 1994 and paragraph (b)
of subdivision 2 as amended by chapter 398 of  the  laws  of  1997,  are
amended to read as follows:
  1.  (a)  Immediately preceding or following the in-hospital birth of a
child to an unmarried woman, the person in charge of  such  hospital  or
his or her designated representative shall provide to the child's mother
and  putative  father, if such father is readily identifiable and avail-
able, the documents and written instructions necessary for  such  mother
and putative father to complete an acknowledgment of paternity witnessed
by  two  persons  not  related to the signatory. Such acknowledgment, if
signed by both parties, at any time following  the  birth  of  a  child,
shall  be filed with the registrar at the same time at which the certif-
icate of live birth is filed, if possible, or anytime thereafter.  Noth-
ing  herein  shall  be  deemed  to  require the person in charge of such
hospital or his or her designee to seek out or otherwise locate a  puta-
tive  father  who is not readily identifiable or available. The acknowl-
edgment shall be executed on a form provided by the commissioner  devel-
oped in consultation with the appropriate commissioner of the department
of  family assistance, which shall include the social security number of
the mother and of the putative father and provide in plain language  (i)
a  statement by the mother consenting to the acknowledgment of paternity
and a statement that the putative father is the  only  possible  father,
(ii) a statement by the putative father that he is the biological father
of  the child, and (iii) a statement that the signing of the acknowledg-
ment of paternity by both parties shall have the same force  and  effect
as  an  order  of  filiation entered after a court hearing by a court of
competent jurisdiction, including an obligation to provide  support  for
the  child except that, only if filed with the registrar of the district
in which the birth certificate has been filed, will  the  acknowledgment
have such force and effect with respect to inheritance rights.
  (B)  Prior  to  the  execution  of an acknowledgment of paternity, the
mother and the putative father shall be provided orally,  which  may  be
through  the  use  of audio or video equipment, and in writing with such
information as is required pursuant to  this  section  with  respect  to
their  rights and the consequences of signing a voluntary acknowledgment
of paternity including, but not limited to[,]:

S. 4644--C                          4

  (I) that the signing of the acknowledgment of paternity  shall  estab-
lish the paternity of the child and shall have the same force and effect
as  an  order  of  paternity or filiation issued by a court of competent
jurisdiction establishing the duty of both parties  to  provide  support
for the child;
  (II)  that  if such an acknowledgment is not made, the putative father
can be held liable for support only if the family court, after  a  hear-
ing,  makes an order declaring that the putative father is the father of
the child whereupon the court may make an order of support which may  be
retroactive to the birth of the child;
  (III) that if made a respondent in a proceeding to establish paternity
the  putative  father  has a right to free legal representation if indi-
gent;
  (IV) that the putative father has a right to a genetic marker test  or
to a DNA test when available;
  (V)  that  by executing the acknowledgment, the putative father waives
his right to a hearing, to which he would otherwise be entitled, on  the
issue of paternity;
  (VI)  that  a  copy  of the acknowledgment of paternity shall be filed
with the putative father registry  pursuant  to  section  three  hundred
seventy-two-c  of  the  social  services  law,  and that such filing may
establish the child's right to  inheritance  from  the  putative  father
pursuant  to  clause (B) of subparagraph two of paragraph (a) of section
4-1.2 of the estates, powers and trusts law;
  (VII) that, if such acknowledgment is filed with the registrar of  the
district in which the birth certificate has been filed, such acknowledg-
ment will establish inheritance rights from the putative father pursuant
to  clause  (A) of subparagraph two of paragraph (a) of section 4-1.2 of
the estates, powers and trusts law;
  (VIII) that no further  judicial  or  administrative  proceedings  are
required  to  [ratio] RATIFY an unchallenged acknowledgment of paternity
provided, however, that [both the putative father and the mother of  the
child]:
  (A)  A  SIGNATORY  TO AN ACKNOWLEDGMENT OF PATERNITY, WHO HAD ATTAINED
THE AGE OF EIGHTEEN AT THE TIME  OF  EXECUTION  OF  THE  ACKNOWLEDGMENT,
SHALL have the right to rescind the acknowledgment within the earlier of
sixty days from the date of signing the acknowledgment or the date of an
administrative  or a judicial proceeding (including, BUT NOT LIMITED TO,
a proceeding to establish a support order)  relating  to  the  child  in
which  [either]  THE signatory is a party[;], PROVIDED that the "date of
an administrative or a judicial proceeding" shall be the date  by  which
the respondent is required to answer the petition;
  (B)  A  SIGNATORY  TO  AN  ACKNOWLEDGMENT  OF  PATERNITY,  WHO HAD NOT
ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE ACKNOWLEDG-
MENT, SHALL HAVE THE RIGHT TO RESCIND THE ACKNOWLEDGMENT ANYTIME  UP  TO
SIXTY  DAYS AFTER THE SIGNATORY'S ATTAINING THE AGE OF EIGHTEEN YEARS OR
SIXTY DAYS AFTER THE DATE ON WHICH THE RESPONDENT IS REQUIRED TO  ANSWER
A  PETITION  (INCLUDING,  BUT  NOT LIMITED TO, A PETITION TO ESTABLISH A
SUPPORT ORDER) RELATING TO THE CHILD, WHICHEVER  IS  EARLIER;  PROVIDED,
HOWEVER, THAT THE SIGNATORY MUST HAVE BEEN ADVISED AT SUCH PROCEEDING OF
HIS  OR HER RIGHT TO FILE A PETITION TO VACATE THE ACKNOWLEDGMENT WITHIN
SIXTY DAYS OF THE DATE OF SUCH PROCEEDING;
  (IX) that after the expiration of [sixty days of the execution of  the
acknowledgment]  THE  TIME  LIMITS  SET  FORTH IN CLAUSES (A) AND (B) OF
SUBPARAGRAPH (VIII) OF THIS PARAGRAPH, [either  signatory]  ANY  OF  THE
SIGNATORIES  may challenge the acknowledgment of paternity in court only

S. 4644--C                          5

on the basis of fraud, duress, or material mistake  of  fact,  with  the
burden of proof on the party challenging the voluntary acknowledgment;
  (X)  that  [they]  THE  PUTATIVE FATHER AND MOTHER may wish to consult
with [an attorney] ATTORNEYS before executing  the  acknowledgment;  and
that  they  have  the  right to seek legal representation and supportive
services including counseling regarding such acknowledgment;
  (XI) that the acknowledgment of paternity may be  the  basis  for  the
putative  father establishing custody and visitation rights to the child
[; if the acknowledgment is signed, it may be the basis] AND for requir-
ing the putative father's consent prior to an adoption proceeding;
  (XII) THAT the mother's refusal to sign the acknowledgment  shall  not
be  deemed  a  failure  to  cooperate  in establishing paternity for the
child; and
  (XIII) THAT the child may bear the last name of either  parent,  which
name shall not affect the legal status of the child.
In  addition,  the  governing  body  of  such hospital shall insure that
appropriate staff shall provide  to  the  child's  mother  and  putative
father,  prior to the mother's discharge from the hospital, the opportu-
nity to speak with hospital staff to obtain clarifying  information  and
answers to their questions about paternity establishment, and shall also
provide the telephone number of the local support collection unit.
  [(b)]  (C)  Within  ten days after receiving the certificate of birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the mother at the address designated  by  her  for  that
purpose,  a  certified copy of the certificate of birth and, if applica-
ble, a certified copy of the written acknowledgment of paternity. If the
mother is in receipt of child support enforcement services  pursuant  to
title  six-A  of article three of the social services law, the registrar
also shall furnish without charge a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of paternity to the social services district of the county within  which
the mother resides.
  2.  (a)  When a child's paternity is acknowledged voluntarily pursuant
to section one hundred eleven-k of the social services law,  the  social
services  official  shall  file  the  executed  acknowledgment  with the
registrar of the district in which the birth occurred and in  which  the
birth certificate  has been filed.
  (b)  Where  a  child's paternity has not been acknowledged voluntarily
pursuant to paragraph (a) of subdivision one of this  section  or  para-
graph  (a)  of  this  subdivision,  the  child's mother and the putative
father may voluntarily acknowledge a child's paternity pursuant to  this
paragraph by signing the acknowledgment of paternity [provided, however,
that both the putative father and the mother of the child].
  (C)  A  SIGNATORY  TO AN ACKNOWLEDGMENT OF PATERNITY, WHO HAS ATTAINED
THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE ACKNOWLEDGMENT SHALL
have the right to rescind the acknowledgment within the earlier of sixty
days from the date of signing the  acknowledgment  or  the  date  of  an
administrative  or a judicial proceeding (including, BUT NOT LIMITED TO,
a proceeding to establish a support order)  relating  to  the  child  in
which  either  signatory  is a party; PROVIDED that for purposes of this
section, the "date of an administrative or a judicial proceeding"  shall
be the date by which the respondent is required to answer the petition[;
that after].
  (D)  A  SIGNATORY  TO  AN  ACKNOWLEDGMENT  OF  PATERNITY,  WHO HAS NOT
ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE ACKNOWLEDG-
MENT, SHALL HAVE THE RIGHT TO RESCIND THE ACKNOWLEDGMENT ANYTIME  UP  TO

S. 4644--C                          6

SIXTY  DAYS AFTER THE SIGNATORY'S ATTAINING THE AGE OF EIGHTEEN YEARS OR
SIXTY DAYS AFTER THE DATE ON WHICH THE RESPONDENT IS REQUIRED TO  ANSWER
A  PETITION  (INCLUDING,  BUT  NOT LIMITED TO, A PETITION TO ESTABLISH A
SUPPORT  ORDER) RELATING TO THE CHILD IN WHICH THE SIGNATORY IS A PARTY,
WHICHEVER IS EARLIER; PROVIDED, HOWEVER, THAT THE  SIGNATORY  MUST  HAVE
BEEN  ADVISED  AT SUCH PROCEEDING OF HIS OR HER RIGHT TO FILE A PETITION
TO VACATE THE ACKNOWLEDGMENT WITHIN SIXTY  DAYS  OF  THE  DATE  OF  SUCH
PROCEEDING.
  (E)  AFTER  the  expiration  of  [sixty  days  of the execution of the
acknowledgment] THE TIME LIMITS SET FORTH IN PARAGRAPHS (C) AND  (D)  OF
THIS SUBDIVISION, [either signator] ANY OF THE SIGNATORIES may challenge
the  acknowledgment  of  paternity  in court only on the basis of fraud,
duress, or material mistake of fact, with the burden  of  proof  on  the
party challenging the voluntary acknowledgment. The acknowledgment shall
have full force and effect once so signed. The original or a copy of the
[acknowledgement]  ACKNOWLEDGMENT  shall  be filed with the registrar of
the district in which the birth certificate has been filed.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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