Nev. Rev. Stat. § 126.053

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 126.053 - Voluntary acknowledgment of paternity or parentage

1. After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the State Board of Health pursuant to NRS 440.285 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the parents of the child. A declaration for the voluntary acknowledgment of paternity or a declaration for the voluntary acknowledgment of parentage that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

2. A person who signs an acknowledgment of paternity or an acknowledgment of parentage in this State may rescind the acknowledgment:

(a) Within 60 days after the acknowledgment is signed by both persons; or

(b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,

whichever occurs earlier.

3. After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.

4. Except upon a showing of good cause, a person's obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity or a voluntary acknowledgment of parentage.

NRS 126.053

Added to NRS by 1997, 2301; A 2007, 1524; 2017, 245

Amended by 2017, Ch. 63,§1, eff. 7/1/2017.

Added to NRS by 1997, 2301; A 2007, 1524