Who The Father Is On Paper
G.S. 110-132 — 60 days to rescind through the court, then fraud, duress, mistake or neglect
In North Carolina, written affidavits of parentage executed by the putative father and the mother are an admission of paternity with the same legal effect as a judgment of paternity for establishing a child support obligation.
60 days, through the court. Either signatory may rescind within the earlier of 60 days from the date the document is executed, or the entry of an order establishing paternity or child support. The challenger asks the district court to order rescission, with findings that the request was filed with the clerk within 60 days of signing and that all parties were served.
After 60 days. A court may set the affidavit aside only if it resulted from fraud, duress, mutual mistake or excusable neglect and genetic tests show the putative father is not the biological father, with the burden on the moving party.
| The assumption | What the law actually does |
|---|---|
| The assumptionRescinding is a form mailed to an agency | What the law actually doesA request to the district court, filed with the clerk within 60 days |
| The assumptionA negative DNA test alone undoes it later | What the law actually doesOnly with fraud, duress, mutual mistake or excusable neglect as well |
Paternity cases in court, genetic testing orders, custody and support amounts are not all on this page. Whether a particular acknowledgment can still be undone is a question for a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 110-132 — Affidavit of parentage and agreement to motion to set aside affidavit of parentage
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.