1. (1) After the period for rescission under Section 81-5-306 has expired, a signatory of a declaration of paternity or denial of paternity or a child support services agency, may commence a proceeding to challenge the declaration or denial only on the basis of fraud, duress, or material mistake of fact.
2. (2) A party challenging a declaration of paternity or denial of paternity has the burden of proof.
3. (3) A challenge brought on the basis of fraud or duress may be commenced at any time.

4. (4)

   1. (a) A challenge brought on the basis of a material mistake of fact may be commenced within four years after the declaration is filed with the Office of Vital Records and Statistics.
   2. (b) For the purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital Records and Statistics before May 1, 2005, a challenge may be brought within four years after May 1, 2005.
5. (5) For purposes of Subsection (4), genetic test results that exclude a declarant father or that rebuttably identify another man as the father in accordance with Section 81-5-505 constitute a material mistake of fact.

Renumbered and Amended by Chapter 426, 2025 General Session