Can I Rescind a Voluntary Acknowledgement of Paternity in Delaware?
Full Question:
Answer:
A person who has signed a voluntary acknowledgement of paternity in Delaware is under a 2 year statute of limitations if he wishes to rescind it. A paternity action may often be brought where the mother and/or child resides, so it may be possible to bring a paternity action in another state.
Please see the following DE statutes:
13 Del. C. § 8-609. Limitation: Child having acknowledged or adjudicated father. (a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under §§ 8-307 or 8-308 of this title.
13 Del. C. § 8-307. Proceeding for rescission.
A signatory may rescind an acknowledgment of paternity or denial of
paternity by commencing a proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial,
as provided in § 8-304; or
(2) The date of the first hearing, in a proceeding to which the
signatory is a party, before a court to adjudicate an issue relating to
the child, including a proceeding that establishes support.
13 Del. C. § 8-308. Challenge after expiration of period for rescission.
(a) After the period for rescission under § 8-307 of this title has
expired, a signatory of 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 2 years after the acknowledgment or denial is filed with the
Office of Vital Statistics.
(b) A party challenging an acknowledgment of paternity or denial of
paternity has the burden of proof.
