Okla. Stat. tit. 10, § 7700-308
Proceeding to Challenge Acknowledgment or Denial of Paternity - Burden of Proof
Effective Nov 1, 2019Laws 2006, HB 2967, c. 116, § 16, eff. November 1, 2006; Amended by Laws 2019, HB 2270, c. 151, § 2, eff. November 1, 2019 (superseded document available).
A. After the period for rescission under Section 7700-307 of this title has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:
- 1. On the basis of duress or material mistake of fact within two (2) years after the acknowledgment is executed; or
- 2. On the basis of fraud at any time in accordance with subsection D of Section 7700-607 of this title.
B. After the period for rescission under Section 7700-307 of this title has expired, a signatory of a denial of paternity may commence a proceeding to challenge the denial only:
- 1. On the basis of fraud, duress or material mistake of fact; and
- 2. Within two (2) years after the denial is executed.
- C. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof, which shall be by clear and convincing evidence.
Laws 2006, HB 2967, c. 116, § 16, eff. November 1, 2006; Amended by Laws 2019, HB 2270, c. 151, § 2, eff. November 1, 2019 (superseded document available).