Acknowledging and Denying Paternity in North Dakota
In North Dakota, the legal framework surrounding the acknowledgment and denial of paternity is governed by the North Dakota Century Code. This article will provide a detailed overview of the legal procedures and implications of acknowledging and denying paternity in North Dakota, with a specific focus on the possibility of denying paternity after acknowledging a child.
Acknowledgment of Paternity
According to North Dakota Century Code 14-20-11 (301), the mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity. This acknowledgment must be in a record, signed under penalty of perjury by both the mother and the man seeking to establish his paternity, and must include specific statements about the child’s paternity status and the results of any genetic testing (North Dakota Century Code 14-20-12 (302)).
A valid acknowledgment of paternity filed with the Department of Health and Human Services is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent (North Dakota Century Code 14-20-15 (305)).
Denial of Paternity
The denial of paternity in North Dakota is also governed by the North Dakota Century Code. 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 (North Dakota Century Code 14-20-14 (304)).
Denying Paternity After Acknowledging the Child
The question of whether one can deny paternity after acknowledging a child is addressed in North Dakota Century Code 14-20-44 (609). If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under section 14 -20-17 or 14 -20-18.
This means that, in North Dakota, a man who has acknowledged paternity of a child does have the legal right to later deny paternity, but only under specific circumstances and within a specific timeframe. The acknowledgment of paternity is considered equivalent to a judicial adjudication of paternity, and a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years (North Dakota Century Code 14-20-12 (302)).
In conclusion, while it is legally possible to deny paternity after acknowledging a child in North Dakota, it is subject to strict legal conditions and time limitations. It is recommended to seek legal advice before making any decisions regarding paternity acknowledgment or denial.