New Hampshire Revised Statutes 5-C:28 – Rescission of Paternity Procedures
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I. A parent or legal guardian may request to rescind an affidavit of paternity from the clerk of the city or town where the birth occurred within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results in an earlier date.
II. Once the completed rescission of paternity form is filed, the clerk of the town or city shall remove the name of the father from the birth record and insert “not stated” in the space provided for the father’s name or, if the original birth record was filed prior to the completion of an affidavit of paternity, change the child’s name on the birth record back to the name stated on the original record before the affidavit of paternity was filed.
III. After the 60-day rescission period has passed, any challenge to the affidavit shall be decided only by a court of competent jurisdiction.
IV. The fee for changing the birth record due to a rescission of paternity shall be in accordance with N.H. Rev. Stat. § 5-C:10.
V. The clerk of the city or town where the birth occurred shall distribute the rescission of paternity to the birth mother; the father named on the affidavit of paternity; the parent or legal guardian of minor signatory as stated on the affidavit of paternity; the division; the department of health and human services; the husband, if a 3-party affidavit of paternity was completed; and, the hospital that was the originator of the affidavit of paternity, if applicable.
II. Once the completed rescission of paternity form is filed, the clerk of the town or city shall remove the name of the father from the birth record and insert “not stated” in the space provided for the father’s name or, if the original birth record was filed prior to the completion of an affidavit of paternity, change the child’s name on the birth record back to the name stated on the original record before the affidavit of paternity was filed.
Terms Used In New Hampshire Revised Statutes 5-C:28
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
III. After the 60-day rescission period has passed, any challenge to the affidavit shall be decided only by a court of competent jurisdiction.
IV. The fee for changing the birth record due to a rescission of paternity shall be in accordance with N.H. Rev. Stat. § 5-C:10.
V. The clerk of the city or town where the birth occurred shall distribute the rescission of paternity to the birth mother; the father named on the affidavit of paternity; the parent or legal guardian of minor signatory as stated on the affidavit of paternity; the division; the department of health and human services; the husband, if a 3-party affidavit of paternity was completed; and, the hospital that was the originator of the affidavit of paternity, if applicable.