REVOKING A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

March 25, 2013

What happens if you signed an acknowledgment of paternity and later find out that you are not the minor child's parent? What can be done if you wish to revoke the acknowledgment of paternity? In Arizona, the mother or father may rescind the acknowledgment of paternity within the earlier of:

1. Sixty days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the department of economic security, the department of health services or the clerk of the court.

2. The date of a proceeding related to the child, including a child support proceeding in which the mother or father is a party.

A rescission must be in writing and a copy of each rescission of paternity shall be filed with the department of economic security. The department of economic security shall mail a copy of the rescission of paternity to the other parent and to the department of health services.

The mother, father or child may challenge a voluntary acknowledgment of paternity established in Arizona at any time after the sixty day period only on the basis of fraud, duress or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown.

The court shall order the mother, her child and the alleged father to submit to genetic testing and shall direct that appropriate testing procedures determine the inherited characteristics, including blood and tissue type. If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support.