Connecticut General Statutes 46b-483 – Challenge after expiration period for recission. Procedure for challenge
(a) After the period for rescission under section 46b-482 expires, an acknowledgment of parentage may be challenged only on the basis of fraud, duress or material mistake of fact which, in cases in which the acknowledgment has been signed by the birth parent and an alleged genetic parent, may include evidence that the alleged genetic parent is not the genetic parent. A party challenging an acknowledgment of parentage has the burden of proof.
Terms Used In Connecticut General Statutes 46b-483
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) Every signatory to an acknowledgment of parentage shall be made a party to a proceeding to challenge the acknowledgment.
(c) By signing an acknowledgment of parentage, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment, effective on the filing of the acknowledgment with the Department of Public Health.
(d) During the pendency of a challenge to the acknowledgment of parentage, any responsibilities, including the duty to pay child support, arising from the acknowledgment shall continue except for good cause shown.
(e) If the court or family support magistrate determines that the challenger has met the challenger’s burden of proof under subsection (a) of this section, the acknowledgment of parentage shall be set aside only if such court or family support magistrate determines that doing so is in the best interest of the child, based on the relevant factors set forth in section 46b-475.
(f) If the court or family support magistrate determines that the requirements of subsections (a) and (e) of this section are satisfied, the court or family support magistrate shall order the Department of Public Health to amend the birth record of the child to reflect the legal parentage of the child.
(g) In cases involving a child who is or has been supported by the state, whenever the court or family support magistrate finds that the person challenging the acknowledgment of parentage is not a parent because such person has met the burden of proof under subsections (a) and (e) of this section, the Department of Social Services shall refund to such person any money paid by such person to the state during any period such child was supported by the state.