§392.  Acknowledgment; requirements; content

A.  Prior to the execution of an acknowledgment of paternity, the notary shall  apprise in writing and orally, which may include directing them to video or audio presentations, the mother and alleged father making the acknowledgment of the following:

(1)  Either party has the right to request a genetic test to determine if the alleged father is the biological father of the child.

(2)  The alleged father has the right to consult an attorney before signing an acknowledgment of paternity.

(3)  If the alleged father does not acknowledge the child, the mother has the right to file a paternity suit to establish paternity.

(4)  After the alleged father signs an acknowledgment of paternity, he has the right to pursue visitation with the child and the right to petition for custody.

(5)  Once an acknowledgment of paternity is signed, the father may be obligated to provide support for the child.

(6)  Once an acknowledgment of paternity is signed, the child will have inheritance rights and any rights afforded children born in wedlock.

(7)(a)  An alleged father who executed an authentic act of acknowledgment may revoke the act, without cause, before the earlier of the following:

(i)  Sixty days after the signing of the act, in a judicial hearing for the limited purpose of revoking the acknowledgment.

(ii)  A judicial hearing relating to the child, including a child support proceeding, wherein the alleged father who executed the authentic act of acknowledgment is a party to the proceeding.

(b)  Thereafter, the acknowledgment of paternity may be voided only upon proof, by clear and convincing evidence, that such act was induced by fraud, duress, material mistake of fact, or error, or that the alleged father who executed the authentic act of acknowledgment is not the biological father.

(c)  Except for good cause shown, the court shall not suspend any legal responsibilities or obligations, including a support obligation, of the party or parties during the pendency of the proceeding authorized in this Section.

(8)  All parties to the action have any other rights and responsibilities which may be afforded by law now or in the future.

B.  In addition to the general requirements of the Civil Code, an acknowledgment of a child born outside of marriage shall include the social security numbers of the father and mother, and, in accordance with the provisions of 42 U.S.C. 652(a)(7) and 42 U.S.C. 666(a)(5)(D), shall include all minimum requirements specified by the secretary of the United States Department of Health and Human Services.  Failure to recite a party's social security number as required herein shall not affect the validity of the declaration.

Acts 1997, No. 1243, §1; Acts 1998, 1st Ex. Sess., No. 6, §1, eff. July 1, 1998; Acts 2004, No. 26, §5; Acts 2006, No. 344, §4, eff. June 13, 2006; Acts 2006, No. 470, §1, eff. June 22, 2006; Acts 2010, No. 173, §1.