Ala. Admin. Code r. 660-3-11-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-3-11-.04 - Procedure For Contesting Paternity

(1) Any signatory of an Acknowledgment of Paternity has the right to rescind the acknowledgment within 60 days of signing, or the date of an administrative or judicial hearing relating to the child. This is done by the rescinding party filing a motion in court.

(2) After the 60-day period, a signed voluntary Acknowledgment of Paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact. The burden of proof is upon the challenger. The legal responsibilities, including child support, may not, except for good cause shown, be suspended during the challenge.

(3) A party who has been adjudged in a paternity proceeding to be the father of a child may, except in the case of adoption, reopen the case in court upon presentation of scientific evidence that he is not the father. The Department of Human Resources will not initiate action in this type of case.

Ala. Admin. Code r. 660-3-11-.04

New Rule: Filed February 4, 2000; effective March 10, 2000. Amended: Filed July 8, 2009; effective August 12, 2009.

Author: Janice Grubbs

Statutory Authority:Code of Ala. 1975, §§ 26-17-101 through 26-17-905; 30-3-197, as amended, P.L. 104-193; 45 C.F.R. 301 - 307 ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT DIVISION.