Section 210.823

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 01 Jul 1997, see footnote   

  210.823.  Acknowledgment of paternity is considered a legal finding of paternity — rescinding the acknowledgment. — 1.  A signed acknowledgment of paternity form pursuant to section 193.215 shall be considered a legal finding of paternity subject to the right of either signatory to rescind the acknowledgment, in writing, by filing such rescission with the bureau within the earlier of:

  (1)  Sixty days from the date of the last signature; or

  (2)  The date of an administrative or judicial proceeding to establish a support order in which the signatory is a party.  The acknowledgment may thereafter only be challenged in court on the basis of fraud, duress or material mistake of fact with the burden of proof upon the challenger.  No judicial or administrative proceeding shall be required or permitted to ratify an unchallenged acknowledgment of paternity.

  2.  Except for good cause shown, the legal responsibilities of the parties, including child support obligations, shall not be suspended during the pendency of any action in which an attempt is made to revoke the signed acknowledgment under this section.

  3.  The acknowledgment shall be filed with the bureau.  An acknowledgment effectuated under the law of any other state or territory shall be given the same effect in this state as it has in the other state or territory.

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(L. 1997 S.B. 361)

Effective 7-1-97