There is a newer version of the New Mexico Statutes
2013 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 11A - New Mexico Uniform Parentage Act
Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
Section 40-11A-308 - Challenge after expiration of period for rescission. (2009)
NM Stat § 40-11A-308 (2013) What's This?
40-11A-308. Challenge after expiration of period for rescission. (2009)
A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) on the basis of fraud, duress or material mistake of fact; and
(2) within two years after the acknowledgment or denial is filed with the bureau or two years after the eighteenth birthday of the signatory, whichever is later.
B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
History: Laws 2009, ch. 215, § 3-308.
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