19-7-46.1
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19-7-46.1.
(a)
The appearance of the name or social security account number of the father,
entered with his written consent, on the certificate of birth or a certified
copy of such certificate or records on which the name of the alleged father was
entered with his written consent from the vital records department of another
state or the registration of the father, entered with his written consent, in
the putative father registry of this state, pursuant to subsection (d) of Code
Section 19-11-9, shall constitute a prima-facie case of establishment of
paternity and the burden of proof shall shift to the putative father to rebut
such in a proceeding for the determination of paternity.
(b)
When both the mother and father have signed a voluntary acknowledgment of
paternity and the acknowledgment is recorded in the putative father registry
established by subsection (d) of Code Section 19-11-9, the acknowledgment shall
constitute a legal determination of paternity, subject to the right of any
signatory to rescind the acknowledgment prior to the date of the support order,
any other order adjudicating paternity, or 60 days from the signing of the
agreement, whichever is earlier. Recording such information in the putative
father registry shall constitute a legal determination of paternity for purposes
of establishing a future order for support, visitation privileges, and other
matters under Code Section 19-7-51.
(c)
After the 60 day rescission period specified in subsection (b) of this Code
section, the signed voluntary acknowledgment of paternity may be challenged in
court only on the basis of fraud, duress, or material mistake of fact, with the
burden of proof on the person challenging the acknowledgment. The legal
responsibilities of any signatory, including child support obligations, arising
from the acknowledgment may not be suspended during the challenge, except for
good cause shown.