(a)  Every signatory to an acknowledgment of parentage and any related denial of parentage shall be made a party to a proceeding to judicially rescind an acknowledgment under § 15-8.1-307(a) or a challenge to the acknowledgment or denial under § 15-8.1-308.

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Terms Used In Rhode Island General Laws 15-8.1-309

  • Birth: includes stillbirth and fetal death. See Rhode Island General Laws 15-8.1-102
  • Child: means an individual of any age whose parentage may be determined pursuant to this chapter. See Rhode Island General Laws 15-8.1-102
  • 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.
  • Parentage: means the legal relationship between a child and a parent as established under this chapter. See Rhode Island General Laws 15-8.1-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 15-8.1-102
  • 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 The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded.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.
  • Signatory: means an individual who signs a record. See Rhode Island General Laws 15-8.1-102

(b)  For the purposes of a judicial rescission under § 15-8.1-307(a) or a challenge to an acknowledgment of parentage or denial of parentage under § 15-8.1-308, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the department of vital records pursuant to § 15-8.1-304.

(c)  Except for good cause shown, during the pendency of a proceeding to judicially rescind under § 15-8.1-307(a) or challenge an acknowledgment of parentage or denial of parentage under § 15-8.1-308, the court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

(d)  A proceeding to challenge an acknowledgment of parentage or denial of parentage under § 15-8.1-308 shall be conducted as a proceeding to adjudicate parentage pursuant to article 1 of this chapter.

(e)  At the conclusion of a proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage, the court shall order the department of vital records to amend the birth record of the child, if appropriate.

History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.