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Section 40-11A-301 – Acknowledgment of paternity.

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity. History: Laws 2009, ch. 215, § 3-301. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective […]

Section 40-11A-302 – Execution of acknowledgment of paternity.

A. An acknowledgment of paternity shall: (1) be on a form provided by the bureau; (2) be signed or otherwise authenticated under penalty of perjury by the mother and by the man seeking to establish his paternity; (3) state that the child whose paternity is being acknowledged: (a) does not have a presumed father or […]

Section 40-11A-303 – Denial of paternity.

A presumed father may sign a denial of his paternity. The denial is valid only if: A. an acknowledgment of paternity signed or otherwise authenticated by another man is filed pursuant to Section 3-305 of the New Mexico Uniform Parentage Act; B. the denial is on a form provided by the bureau and is signed […]

Section 40-11A-304 – Rules for acknowledgment and denial of paternity.

A. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed. B. An acknowledgment of paternity or a denial of paternity […]

Section 40-11A-305 – Effect of acknowledgment or denial of paternity.

A. Except as otherwise provided in Sections 3-307 and 3-308 [40-11A-307, 40-11A-308 NMSA 1978] of the New Mexico Uniform Parentage Act, a valid acknowledgment of paternity filed with the bureau is equivalent to an adjudication of paternity of a child. B. Except as otherwise provided in Sections 3-307 and 3-308 of the New Mexico Uniform […]

Section 40-11A-306 – No filing fee.

The bureau shall not charge for filing an acknowledgment of paternity or denial of paternity. History: Laws 2009, ch. 215, § 3-306. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.

Section 40-11A-307 – Proceeding for rescission.

A signatory may rescind an acknowledgment of paternity or denial of paternity only by means of a judicial proceeding to rescind the acknowledgment or denial of paternity. A proceeding to rescind an acknowledgment of paternity or a denial of paternity shall be brought no later than the earlier of: A. sixty days after the effective […]

Section 40-11A-308 – Challenge after expiration of period for rescission.

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: (1) on the basis of fraud, duress or material mistake of fact; and (2) […]

Section 40-11A-309 – Procedure for rescission or challenge.

A. Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial. B. For the purpose of rescission of or challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction […]

Section 40-11A-310 – Ratification barred.

A court or administrative agency conducting a judicial or administrative proceeding shall not ratify an unchallenged acknowledgment of paternity. History: Laws 2009, ch. 215, § 3-310. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.

Section 40-11A-312 – Forms for acknowledgment and denial of paternity.

A. The bureau shall prescribe forms for the acknowledgment of paternity and the denial of paternity. B. A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form. History: Laws 2009, ch. 215, § 3-312. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made […]

Section 40-11A-313 – Release of information.

The bureau may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and to other agencies as permitted pursuant to the provisions of Chapter 24, Article 14 NMSA 1978. History: Laws 2009, ch. 215, § 3-313. ANNOTATIONS Effective dates. — Laws […]

Section 40-11A-314 – Adoption of rules.

The bureau may adopt and promulgate rules and forms to implement the provisions of this article. History: Laws 2009, ch. 215, § 3-314. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.