Delaware Code Title 13 Sec. 8-308 – Challenge after expiration of period for rescission
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(a) After the period for rescission under § 8-307 of this title has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) On the basis of fraud, duress, or material mistake of fact; and
(2) Within 2 years after the acknowledgment or denial is filed with the Office of Vital Statistics.
Terms Used In Delaware Code Title 13 Sec. 8-308
- 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 The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded.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.
(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.