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§10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof.

10 OK Stat § 10-7700-308 (2019) (N/A)
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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.

Added by Laws 2006, c. 116, § 16, eff. Nov. 1, 2006. Amended by Laws 2019, c. 151, § 2, eff. Nov. 1, 2019.

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§10-7700-307. Rescission of acknowledgment or denial.
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§10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.