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§ 40-11a-308 — New Mexico Law | CourtGPT
  1. Home/
  2. Laws/
  3. New Mexico/
  4. Chapter 40 - Domestic Affairs/
  5. Article 11a - New Mexico Uniform Parentage Act/
  6. Article 3 - Voluntary Acknowledgment of Paternity/
  7. § 40-11a-308
New Mexico Legal Code

§ 40-11a-308

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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. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.