One Mistake Can Reshape Your Entire Future
Signing an Acknowledgment of Paternity (AOP) in Oklahoma is a serious legal step. Once this voluntary form is signed by both parents, it establishes the father-child relationship just like a court order. But what if you later realize a mistake was made? Rescinding or challenging an AOP is possible, but the window to do so is limited, and the consequences are significant. Your parental rights, child support obligations, and family dynamics can all be affected by this decision.
Understanding the Voluntary Acknowledgment of Paternity
In Oklahoma, an Acknowledgment of Paternity is a written statement signed under penalty of perjury by both parents that legally establishes the father of a child. This form replaces the need for a court order when paternity is uncontested. The form must be witnessed but no longer requires notarization, following changes to Okla. Stat. tit. 12 § 426 and Okla. Stat. tit. 10 § 70(B)(1).
The AOP can be signed before or after the child's birth and even for adult children if the child consents. However, if the child already has a presumed father, the AOP cannot be used unless the presumed father signs a Denial of Paternity within the child's first two years or successfully contests paternity in court. Okla. Stat. tit. 10, § § 7700-601 to -607.
The Department of Human Services oversees the forms and processes involved. Copies of the signed Acknowledgment are filed with the Oklahoma State Department of Health's Division of Vital Records and can be requested by parents or their attorneys. For assistance with these documents or any questions about paternity, it is wise to consult a family law attorney.
Time Limits and Legal Grounds for Rescission
After signing, either parent has 60 days to rescind the AOP by filing a rescission affidavit. This rescission period begins immediately for adults but is delayed until a minor child reaches 18 years old. After this 60-day rescission window closes, the AOP can only be challenged within two years on three narrow grounds: fraud, duress, or a material mistake of fact. Okla. Stat. tit. 10, § 7700-607.
This means you cannot simply change your mind after the rescission period. Legal challenges require proving serious issues like coercion, deception, or factual errors. Even then, courts will consider the best interest of the child before allowing changes to paternity status.
What Happens If You Miss the Rescission Period?
Once the 60-day rescission period and two-year challenge window expire, the Acknowledgment of Paternity is treated the same as a court judgment of paternity. This has lasting effects on child support obligations, custody, and parental rights. Notably, Oklahoma law does not provide reimbursement for child support paid before a paternity challenge succeeds, even if fraud is proven. Okla. Stat. tit. 10, § 7700-607; Miller v. Miller, 1987 OK 96.
In some cases, if all parties agree—the mother, the legal father, and the alleged biological father—a court may hear an action to correct the legal paternity outside the usual time limits. But such corrections require following strict legal procedures and prioritizing the child's welfare.
How to Obtain Copies and Legal Assistance
If you need to review the Acknowledgment of Paternity form signed in your case, you can request a copy from the Oklahoma State Department of Health, Division of Vital Records by calling (405) 271-4040 or emailing ASKVR@health.ok.gov. You may also mail or fax a request to the CSS Paternity Acknowledgment Section, including specific identifying information and signed authorization.
Because paternity issues can be complex and affect many aspects of your life, consulting a knowledgeable family law attorney is important. Legal guidance can help you understand your rights and options under Oklahoma law and may prevent costly mistakes.
The Right Lawyer Makes This Easier
Challenging or rescinding an Acknowledgment of Paternity involves strict deadlines and legal standards. Having an experienced Muskogee attorney by your side can simplify this process, protect your rights, and advocate for the best outcome for you and your child. Wirth Law Office – Muskogee offers focused help with these matters.
Contact an Oklahoma Family Law Attorney in Muskogee Today
Facing questions or disputes about paternity can be overwhelming. Remember, you are not alone, and there are legal options available to protect your interests and those of your child. Reach out to Wirth Law Office – Muskogee to discuss your situation confidentially. While no outcome is guaranteed, having clear guidance can make a significant difference in navigating Oklahoma’s paternity laws.
If you need legal help, call Wirth Law Office – Muskogee at (918) 913-0725.
