38-1115.Determination of father and childrelationship; who maybring action; when action may be brought; revocation ofacknowledgment.(a) A child or any person on behalf of such achild, may bring anaction:
(1) At any time to determine the existence of a father and childrelationship presumed under K.S.A. 38-1114 and amendments thereto; or
(2) at any time until three years after the child reaches the age ofmajority to determine the existence of a father and child relationshipwhich is not presumed under K.S.A. 38-1114 and amendments thereto.
(b) When authorized under K.S.A. 39-755 or 39-756, and amendmentsthereto, the secretary of social and rehabilitation services may bring anaction at any time during a child's minority to determine the existence ofthe father and child relationship.
(c) This section does not extend the time within which a right ofinheritance or a right to a succession may be asserted beyond the timeprovided by law relating to the probate of estates or determination ofheirship.
(d) Any agreement between an alleged or presumed father and the motheror child does not bar an action under this section.
(e) Except as otherwise provided in this subsection, if an acknowledgmentof paternity pursuant to K.S.A.38-1138, and amendmentsthereto, has been completedthe man named as the father, the mother or the child may bring an action torevoke the acknowledgment of paternity at any time until one year after thechild's date of birth. The legal responsibilities, including any childsupport obligation, of any signatory arising from the acknowledgment ofpaternity shall not be suspended during the action, except for good causeshown. If the person bringing the action was a minor at thetime the acknowledgment of paternity was completed, the action to revoke theacknowledgment of paternity may be brought at any time until one year afterthat person attains age 18, unless the court finds that the child is more thanone year of age and that revocation of the acknowledgment of paternity is notin the child's best interest.
The person requesting revocation must show, and shall have the burden ofproving, that the acknowledgment of paternity was based upon fraud, duress ormaterial mistake of fact unless the action to revoke the acknowledgment ofpaternity is filed before the earlier of 60 days after completion of theacknowledgment of paternity or the date of a proceeding relating to the childin which the signatory is a party, including but not limited to a proceeding toestablish a support order.
If a court of this state has assumed jurisdiction over the matter of thechild's paternity or the duty of a man to support the child, that court shallhave exclusive jurisdiction to determine whether an acknowledgment of paternitymay be revoked under this subsection.
If an acknowledgment of paternity has been revoked under this subsection, itshall not give rise to a presumption of paternity pursuant to K.S.A. 38-1114and amendments thereto. Nothing in this subsection shall prevent a court fromadmitting a revoked acknowledgment of paternity into evidence for any otherpurpose.
If there has been an assignment of the child's support rights pursuant toK.S.A. 39-709 and amendments thereto, the secretary of social andrehabilitation services shall be a necessary party to any action under thissubsection.
History: L. 1985, ch. 114, § 6;L. 1994, ch. 292, § 6;L. 1997, ch. 182, § 63; July 3.
38-1115.Determination of father and childrelationship; who maybring action; when action may be brought; revocation ofacknowledgment.(a) A child or any person on behalf of such achild, may bring anaction:
(1) At any time to determine the existence of a father and childrelationship presumed under K.S.A. 38-1114 and amendments thereto; or
(2) at any time until three years after the child reaches the age ofmajority to determine the existence of a father and child relationshipwhich is not presumed under K.S.A. 38-1114 and amendments thereto.
(b) When authorized under K.S.A. 39-755 or 39-756, and amendmentsthereto, the secretary of social and rehabilitation services may bring anaction at any time during a child's minority to determine the existence ofthe father and child relationship.
(c) This section does not extend the time within which a right ofinheritance or a right to a succession may be asserted beyond the timeprovided by law relating to the probate of estates or determination ofheirship.
(d) Any agreement between an alleged or presumed father and the motheror child does not bar an action under this section.
(e) Except as otherwise provided in this subsection, if an acknowledgmentof paternity pursuant to K.S.A.38-1138, and amendmentsthereto, has been completedthe man named as the father, the mother or the child may bring an action torevoke the acknowledgment of paternity at any time until one year after thechild's date of birth. The legal responsibilities, including any childsupport obligation, of any signatory arising from the acknowledgment ofpaternity shall not be suspended during the action, except for good causeshown. If the person bringing the action was a minor at thetime the acknowledgment of paternity was completed, the action to revoke theacknowledgment of paternity may be brought at any time until one year afterthat person attains age 18, unless the court finds that the child is more thanone year of age and that revocation of the acknowledgment of paternity is notin the child's best interest.
The person requesting revocation must show, and shall have the burden ofproving, that the acknowledgment of paternity was based upon fraud, duress ormaterial mistake of fact unless the action to revoke the acknowledgment ofpaternity is filed before the earlier of 60 days after completion of theacknowledgment of paternity or the date of a proceeding relating to the childin which the signatory is a party, including but not limited to a proceeding toestablish a support order.
If a court of this state has assumed jurisdiction over the matter of thechild's paternity or the duty of a man to support the child, that court shallhave exclusive jurisdiction to determine whether an acknowledgment of paternitymay be revoked under this subsection.
If an acknowledgment of paternity has been revoked under this subsection, itshall not give rise to a presumption of paternity pursuant to K.S.A. 38-1114and amendments thereto. Nothing in this subsection shall prevent a court fromadmitting a revoked acknowledgment of paternity into evidence for any otherpurpose.
If there has been an assignment of the child's support rights pursuant toK.S.A. 39-709 and amendments thereto, the secretary of social andrehabilitation services shall be a necessary party to any action under thissubsection.
History: L. 1985, ch. 114, § 6;L. 1994, ch. 292, § 6;L. 1997, ch. 182, § 63; July 3.
38-1115.Determination of father and childrelationship; who maybring action; when action may be brought; revocation ofacknowledgment.(a) A child or any person on behalf of such achild, may bring anaction:
(1) At any time to determine the existence of a father and childrelationship presumed under K.S.A. 38-1114 and amendments thereto; or
(2) at any time until three years after the child reaches the age ofmajority to determine the existence of a father and child relationshipwhich is not presumed under K.S.A. 38-1114 and amendments thereto.
(b) When authorized under K.S.A. 39-755 or 39-756, and amendmentsthereto, the secretary of social and rehabilitation services may bring anaction at any time during a child's minority to determine the existence ofthe father and child relationship.
(c) This section does not extend the time within which a right ofinheritance or a right to a succession may be asserted beyond the timeprovided by law relating to the probate of estates or determination ofheirship.
(d) Any agreement between an alleged or presumed father and the motheror child does not bar an action under this section.
(e) Except as otherwise provided in this subsection, if an acknowledgmentof paternity pursuant to K.S.A.38-1138, and amendmentsthereto, has been completedthe man named as the father, the mother or the child may bring an action torevoke the acknowledgment of paternity at any time until one year after thechild's date of birth. The legal responsibilities, including any childsupport obligation, of any signatory arising from the acknowledgment ofpaternity shall not be suspended during the action, except for good causeshown. If the person bringing the action was a minor at thetime the acknowledgment of paternity was completed, the action to revoke theacknowledgment of paternity may be brought at any time until one year afterthat person attains age 18, unless the court finds that the child is more thanone year of age and that revocation of the acknowledgment of paternity is notin the child's best interest.
The person requesting revocation must show, and shall have the burden ofproving, that the acknowledgment of paternity was based upon fraud, duress ormaterial mistake of fact unless the action to revoke the acknowledgment ofpaternity is filed before the earlier of 60 days after completion of theacknowledgment of paternity or the date of a proceeding relating to the childin which the signatory is a party, including but not limited to a proceeding toestablish a support order.
If a court of this state has assumed jurisdiction over the matter of thechild's paternity or the duty of a man to support the child, that court shallhave exclusive jurisdiction to determine whether an acknowledgment of paternitymay be revoked under this subsection.
If an acknowledgment of paternity has been revoked under this subsection, itshall not give rise to a presumption of paternity pursuant to K.S.A. 38-1114and amendments thereto. Nothing in this subsection shall prevent a court fromadmitting a revoked acknowledgment of paternity into evidence for any otherpurpose.
If there has been an assignment of the child's support rights pursuant toK.S.A. 39-709 and amendments thereto, the secretary of social andrehabilitation services shall be a necessary party to any action under thissubsection.
History: L. 1985, ch. 114, § 6;L. 1994, ch. 292, § 6;L. 1997, ch. 182, § 63; July 3.
