Idaho State Statutes - Idaho Attorney Directory

(1) A voluntary acknowledgment of
paternity for an Idaho birth shall be admissible as evidence of paternity and
shall constitute a legal finding of paternity upon the filing of a signed and
notarized acknowledgment with the vital statistics unit of the department of
health and welfare. If the mother was married at the time of either conception
or birth, or between conception and birth, and the husband is not the father
of the child, the husband may file an executed and notarized affidavit of
nonpaternity if it is accompanied by a voluntary acknowledgment of paternity
signed and notarized by the mother and the alleged father. Any party executing
an acknowledgment of paternity or affidavit of nonpaternity may file a
notarized rescission of such with the vital statistics unit within the earlier
of:
(a) Sixty (60) days after the acknowledgment is filed; or
(b) The date of an administrative or judicial proceeding relating to the
child, including a proceeding to establish a support order, in which the
signatory is a party.
Such rescission shall be effective upon filing with the vital statistics unit.
The vital statistics unit shall notify the other party or parties of the
rescission by certified mail.
(2) After the period for rescission, an executed acknowledgment of
paternity may be challenged only in court on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the party challenging
the acknowledgment. The legal responsibilities, including the obligation to
pay child support, of any party to the acknowledgment shall not be stayed
except for good cause shown.
(3) The court may enter an order for the support of a child upon
execution of a voluntary acknowledgment without further proceedings to
establish paternity.
(4) The director shall prescribe forms for acknowledgment of paternity,
affidavits of nonpaternity, and rescission thereof, and the board of health
and welfare may promulgate such rules as are necessary to prescribe forms and
establish fees to recover costs of maintaining such system.

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