N.D. Cent. Code § 14-20-12

Current through 2023 Legislative Sessions

Section 14-20-12 - (302) Execution of acknowledgment of paternity

1. An acknowledgment of paternity must:

a. Be in a record;

b. Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;

c. State that the child whose paternity is being acknowledged:

(1) Does not have a presumed father, or has a presumed father whose full name is stated; and

(2) Does not have another acknowledged or adjudicated father;

d. State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and

e. State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.

2. An acknowledgment of paternity is void if it:

a. States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the department of health and human services;

b. States that another man is an acknowledged or adjudicated father; or

c. Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.

3. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

N.D.C.C. § 14-20-12

Amended by S.L. 2021, ch. 352 (HB 1247),§ 56, eff. 9/1/2022.

Amended by S.L. 2017, ch. 57 (HB 1043),§ 3, eff. 8/1/2017.