Submitted by happigurl31 on Thu, 09/08/2011 - 10:34
Can you vacate a voluntary acknowledge of paternity in Massachusetts when dna results reveal you are not the biological father. I have been emotionally and financially involved in my son's life for the past 12 years but never had a paternity test done. I do have concerns now that I am not his biological father. There has never been a court order established, only a voluntary acknowledgement of paterinty. Thank you!!
Acknowledgement of paternity in MA
Under Massachusetts law, I believe the party seeking to vacate the acknowledgement of paternity has 60 days from the date of execution. Accordingly, if you signed the acknowledgment 12 years ago, you may be out of luck. And now for some free (worst kind) non-legal advice: At this point, nothing good can come of challenging paternity, for you or the child. Follow this link for more information about vacating an acknowledgement of paternity.
Vacate Voluntary Acknowledgement of Paternity
If your voluntary of acknowledgment of paternity 12 years ago was accepted by the court, then it became a court order and a court order was established. As the editor stated you have 60 days to revoke your voluntary acknowledgment. Thereafter you have to prove fraud, duress, or mutual mistake of fact within a year. The other possible opportunity is challenge the ruling based upon a fraud on the court. In 2001 the SJC (highest court) ruled that mom's nondisclosure of paternity did not amount to a fraud on the Court.Paternity of Cheryl, 434 Mass. 23
Wyckoff Nissenbaum
www.SomervilleLawOffice.com