Skip to content

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.

Email

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 assumptionWhat the law actually does
The assumptionRescinding is a form mailed to an agencyWhat the law actually doesA request to the district court, filed with the clerk within 60 days
The assumptionA negative DNA test alone undoes it laterWhat 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)
  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.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • 60 daysRescinding an affidavit of parentage · from executing the affidavit

From here