Title
AN ACT RELATING TO TECHNICAL AMENDMENTS TO THE CHEROKEE NATION PATERNITY CODE
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be known and may be cited as the “Paternity Code Technical Amendments Act of 2017”
Section 2. Purpose
The purpose of this Act is to make technical amendments to the Cherokee Nation Paternity Code, codified at 10 CNCA § 100 et seq.
Section 3. Legislative History
LA 11-05, effective March 21, 2005
LA 30-06, effective December 30, 2006
LA 20-07, effective April 23, 2007
LA 08-11, effective May 19, 2011
Section 4. Amendatory.
Section 104 of Title 10 of the Cherokee Nation Code Annotated is amended to read as follows:
§ 104. Natural mother of child-Establishment of paternity
A. Except as otherwise provided by law, a woman who gives birth to a child is the natural mother of the child.
B. Paternity may be established by:
1. Completion of the affidavit acknowledging paternity, provided by the Division Office of Child Support Services, by the father and mother. A statement acknowledging paternity shall have the same legal effect as an order of paternity entered in a court or administrative proceeding.
a.
1. The statement may be rescinded by the mother or acknowledging father within the earlier of:
i. sixty (60) days after the statement is signed by making a motion to the District Court requesting an order rescinding the affidavit on the same grounds as subsection (B)(1)(a)(2) of this section; or
ii. the date of an administrative or judicial proceeding relating to the child, including but not limited to a proceeding to establish a support order, in which the signatory is a party.
2. After the sixty- (60) day period referred to in division (1) of this subparagraph, a signed voluntary acknowledgment of paternity may be challenged in Court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger. Legal responsibilities, including b...
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