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.
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