§1928.__Limitation: child having acknowledged father or

adjudicated parent

1.__Sixty days or 2 years.__If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of parentage may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the parentage of the child only within the time allowed under section 1857 or 1858.

2.__Two years.__If an acknowledgment has been made in accordance with subchapter 3 or if a child has an adjudicated parent, an individual who is neither__the child nor a signatory to the acknowledgment nor a party to the adjudication who seeks an adjudication of parentage based on genetics that disestablishes the parentage of the acknowledged or adjudicated parent must commence a proceeding not later than 2 years after the effective date of the acknowledgment or adjudication.

3.__Any time.__ If an acknowledgment has been made in accordance with subchapter 3 or if a child has an adjudicated parent in a separate proceeding, an individual who is neither__ the child nor a signatory to the acknowledgment nor a party to the adjudication in the separate proceeding who seeks an adjudication of parentage may bring a proceeding at any time.__If the individual adjudicated to be a parent is different from the person who is the acknowledged parent or the adjudicated parent in the separate proceeding, the court may not disestablish the parentage of that acknowledged or adjudicated parent.__The court__ shall determine the parental rights and responsibilities of the parents in accordance with section 1653.

Comment

(This is section 609 of the UPA.)

A two-year period is prescribed in § 307 for a challenge in which the acknowledged or adjudicated father mistakenly believed himself to be the genetic father. A similar limitation is prescribed in § 607(a) for an individual who was not a signatory or a party to the earlier determination.

The 2002 amendment adding subsection (c) authorizes the court to deny genetic testing in accordance with the principles enumerated in § 608 in a fact situation in which equity justifies a denial. For example, if there is an untimely challenge by a third party to the paternity of an acknowledged or adjudicated