(a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:

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Terms Used In Alabama Code 26-17-308

  • Fraud: Intentional deception resulting in injury to another.
  • 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 The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded.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.
(1) on the basis of fraud, duress, or material mistake of fact; or
(2) in the same manner as provided in Section 26-17A-1.
(b) A party challenging an acknowledgment of paternity has the burden of proof.