New York Law (NYLE) Practice Exam

What must a purported father demonstrate to vacate an acknowledgement of paternity?

1. He must cite a change in circumstances.

2. He must prove his identity.

3. He must show duress, fraud, or a material mistake of fact.

4. He must file for divorce.

The correct answer is: He must show duress, fraud, or a material mistake of fact.

To vacate an acknowledgment of paternity, the purported father must show duress, fraud, or a material mistake of fact. This requirement recognizes that an acknowledgment of paternity can be a significant legal commitment, often affecting rights and responsibilities regarding custody, child support, and parental rights. The law allows for these acknowledgments to be challenged under specific circumstances where it can be demonstrated that the father was coerced into signing, misled by false information, or fundamentally misinformed about the facts surrounding the paternity. Given the gravity of paternity declarations, protecting individuals from unjust obligations or declarations is essential, which is why a showing of any of these factors is critical to vacating such an acknowledgment. The need to establish a valid basis for challenging paternity acknowledges that the law strives for stability and certainty in familial relationships while also providing a recourse for those who may have been wrongly bound by an acknowledgment under false pretenses or undue pressure.