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.
Credits
Laws 2006, c. 116, § 16, eff. Nov. 1, 2006; Laws 2019, c. 151, § 2, eff. Nov. 1, 2019.
10 Okl. St. Ann. § 7700-308, OK ST T. 10 § 7700-308
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
