[§584A-403] Expedited process of parentage. (a) To expedite the establishment of parentage, each public or private birthing hospital or birthing center, the child support enforcement agency, midwives, and the department of health shall provide parents the opportunity to voluntarily acknowledge the parentage of a child during the period immediately before or following the child's birth; provided that an individual who is a presumed parent under section 584A-303(a)(1)(C) or (2) may only submit that individual's voluntary acknowledgment directly to the department of health. The voluntary acknowledgment of parentage shall be in writing and shall consist of a single form signed under oath, by the individual who gave birth to the child, the individual seeking to establish a parent-child relationship, and a witness. The voluntary acknowledgment of parentage form shall include the social security numbers, dates of birth, places of birth, and ethnic backgrounds of each signatory. An electronic version of the voluntary acknowledgment of parentage form may be used.
(b) Before the signing of the voluntary acknowledgment of parentage form, designated staff members of a facility at which a voluntary acknowledgment may be submitted shall provide to both the individual who gave birth to the child and the other signatory, if either are present at the facility:
(1) Written materials regarding parentage establishment;
(2) Forms necessary to voluntarily acknowledge parentage;
(3) Oral, video, audio, or written descriptions of the alternatives to, the legal consequences of, and the rights and responsibilities of acknowledging parentage, including, if one parent is a minor, any right afforded due to minority status; and
(4) The opportunity to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about parentage establishment.
(c) The completed voluntary acknowledgment forms shall clearly identify the name and position of the staff member who provides information to the parents regarding parentage establishment. The provision by designated staff members of the facility of the information required by this section shall not constitute the unauthorized practice of law. Birthing hospital and birthing center staff, midwives, child support enforcement agency staff, and department of health staff shall not be subject to civil, criminal, or administrative liability for a negligent act or omission relative to the accuracy of the information provided or for filing the declaration with the appropriate state or local agencies. Each facility shall send to the department of health the original acknowledgment of parentage form, or an electronic version, containing the social security numbers, dates of birth, places of birth, and ethnic backgrounds of both signatories, with any other information required by the department of health so that the birth certificate issued includes the names of the signatories. The birth certificate shall be promptly recorded by the department of health.
(d) The child support enforcement agency shall:
(1) Provide to any individual or facility the necessary:
(A) Materials and forms and a written description of the rights and responsibilities related to voluntary acknowledgment of parentage; and
(B) Training, guidance, and written instructions regarding voluntary acknowledgment of parentage;
(2) Annually assess each facility's parentage establishment program; and
(3) Determine if a voluntary acknowledgment has been filed with the department of health whenever it receives an application for parentage establishment services.
(e) Notwithstanding sections 338-17.7 and 338-18(b), the department of health shall disclose to the child support enforcement agency, upon request, all voluntary acknowledgment of parentage forms on file with the department of health.
(f) The signed voluntary acknowledgment of parentage shall constitute a legal finding of parentage, subject to the right of any signatory to rescind the acknowledgment:
(1) Within sixty days of signature; or
(2) Before the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order to which the signatory is a party,
whichever is sooner.
(g) Following the sixty-day period pursuant to subsection (f), a signed voluntary acknowledgment of parentage may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger. The legal responsibilities of any signatory arising from the acknowledgment, including child support obligations, shall not be suspended during the challenge, except for good cause shown.
(h) The courts and office of child support hearings of this State shall give full faith and credit to affidavits for the voluntary acknowledgment of parentage signed in any other state and made in compliance with the law of that state, and these affidavits shall constitute legal findings of parentage subject to subsections (f) and (g).
(i) Judicial and administrative proceedings shall not be required or permitted to ratify an unchallenged acknowledgment of parentage. A voluntary acknowledgment of parentage signed by the individuals and filed with the department of health shall be the basis for establishing and enforcing a support obligation through a judicial or administrative proceeding. [L 2025, c 298, pt of §2]