Page:United States Statutes at Large Volume 110 Part 3.djvu/499

This page needs to be proofread.

PUBLIC LAW 104-193—AUG. 22, 1996 110 STAT. 2229 by the father and any other additional showing required by State law. "(ii) LEGAL FINDING OF PATERNITY. —Procedures under which a signed voluntary acknowledgment of paternity is considered a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of— "(I) 60 days; or "(II) the date of an administrative or judicial proceeding relating to the child (including a proceeding to establish a support order) in which the signatory is a party. "(iii) CONTEST.— Procedures under which, after the 60-day period referred to in clause (ii), a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities (including child support obligations) of any signatory arising from the acknowledgment may not be suspended during the challenge, except for good cause shown. "(E) BAR ON ACKNOWLEDGMENT RATIFICATION PRO- CEEDINGS.—Procedures under which judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity. "(F) ADMISSIBILITY OF GENETIC TESTING RESULTS.— Procedures— "(i) requiring the admission into evidence, for purposes of establishing paternity, of the results of any genetic test that is— "(I) of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary; and "(II) performed by a laboratory approved by such an accreditation body; "(ii) requiring an objection to genetic testing results to be made in writing not later than a specified number of days before any hearing at which the results may be introduced into evidence (or, at State option, not later than a specified number of days after receipt of the results); and "(iii) making the test results admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made. "(G) PRESUMPTION OF PATERNITY IN CERTAIN CASES.— Procedures which create a rebuttable or, at the option of the State, conclusive presumption of paternity upon genetic testing results indicating a threshold probability that the alleged father is the father of the child. "(H) DEFAULT ORDERS.— Procedures requiring a default order to be entered in a paternity case upon a showing of service of process on the defendant and any additional showing required by State law.