1. (a) Any person who has signed an AOP may rescind the document within the earlier of:

   1. (1) Sixty (60) calendar days from the date of signing; or
   2. (2) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity.
2. (b) Forms for this purpose are available at the Division of Vital Records.

3. (c) Beyond the sixty-calendar day period, the acknowledged father must file a motion in court to set aside a paternity establishment pursuant to a voluntary acknowledgment of paternity based on an allegation that the acknowledgment was obtained by:

   1. (1) Fraud;
   2. (2) Duress; or
   3. (3) Material mistake of fact.
4. (d) The Office of Child Support Enforcement does not have the authority to assist the acknowledged father in the filing of such motions or in entering into an agreed order.
5. (e) The court may, after making such finding, direct the mother, the child, and the presumed father to submit to genetic testing for paternity.
6. (f) The burden of proof shall be upon the person challenging the establishment of paternity.

7. (g)

   1. (1) The duty to pay child support and other legal obligations shall not be suspended while the motion is pending, except for good cause shown.
   2. (2) The specific basis supporting the good cause findings shall be recited in the court’s order.

Codification Notes: “AOP” means acknowledgment of paternity.