NMSA 40-11A-308. Challenge after expiration of period for rescission

40-11A-308. Challenge after expiration of period for rescission. A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only: (1) on the basis of fraud, duress or material mistake of fact; and (2) within two years after the acknowledgment or denial is filed with the bureau or two years after the eighteenth birthday of the signatory, whichever is later. B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof. History: Laws 2009, ch. 215, § 3-308.