New Mexico Statutes 40-11A-308. Challenge after expiration of period for rescission
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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:
Terms Used In New Mexico Statutes 40-11A-308
- Fraud: Intentional deception resulting in injury to another.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(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.