2.__Submission to personal jurisdiction.__For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of parentage, a signatory submits to personal jurisdiction of this State by signing the acknowledgment or denial, effective upon the filing of the document with the State Registrar of Vital Statistics.

3.__Suspension of legal responsibilities.__Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of parentage, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

4.__Proceeding to rescind or challenge.__A proceeding to rescind or to challenge an acknowledgment of paternity or denial of parentage must be conducted in the same manner as a proceeding to adjudicate parentage under subchapter 6.

5.__Amendment to birth record.__At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of parentage, the court shall order the State Registrar of Vital Statistics to amend the birth record of the child, if appropriate.

Comment

(This is section 309 of the UPA.)

Although the federal statute does not prescribe the method for "rescission" of an acknowledgment of paternity, it does require a judicial proceeding for a subsequent "challenge." Overturning an acknowledgment of paternity through either of the prescribed methods has significant legal consequences. Thus, both methods should require a formal procedure because either one may result in the setting aside of an otherwise valid legal determination of the child's parentage. A procedure that allows a signatory of an acknowledgment of paternity merely to file a rescission with the state bureau of vital statistics would be an unwise policy choice. Many jurisdictions have come to the same conclusion.

§1860.__Ratification barred

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.