Rescinding an Acknowledgment of Paternity (AOP) in Arkansas: The 60-Day Rule Explained

The birth of a child is an emotional time. In Arkansas hospitals, unmarried parents are routinely presented with an Acknowledgment of Paternity (AOP) form. Signing this document is a beautiful way for a father to officially claim his child and have his name added to the birth certificate. However, in the heat of the moment, some men sign the AOP despite having lingering doubts about whether they are actually the biological father.

Under Arkansas law, an AOP is a powerful legal document. Once signed, it holds the same legal weight as a court order from a judge. It establishes you as the legal father, making you responsible for child support for the next 18 years. If you discover shortly after signing that you might not be the father, the state provides a very brief window to easily undo your signature. Missing this deadline turns a simple paperwork filing into a complex, expensive court battle.

If you are facing doubts about paternity in Little Rock, Fort Smith, or Conway, time is running out. Using our directory to consult with a local Arkansas family lawyer can ensure you file the correct documents correctly and protect your financial future.

Step-by-Step Process for Rescinding an AOP in Arkansas

Rescinding an AOP without going to trial requires strict adherence to state deadlines and procedures. Here is how you must handle the situation.

Step 1: Act Within The Strict 60-Day Rescission Window

Arkansas law aligns with federal standards, providing exactly 60 days from the date the AOP was signed to legally rescind it without having to prove fraud. Alternatively, if an administrative or judicial proceeding relating to the child (such as a child support hearing) happens before the 60 days are up, your window closes on the date of that hearing. You cannot wait and think about it; you must act immediately.

Step 2: Complete Required Arkansas Department of Health Forms

To undo the AOP, you cannot just tell the mother or the hospital. You must obtain and complete a formal Rescission of Acknowledgment of Paternity form. This document must be signed in front of a notary public. Once completed, it must be mailed to the Arkansas Department of Health, Little Rock, specifically to the Vital Records division, before the 60-day clock runs out. We recommend sending it via certified mail so you have proof of the date it was received.

Step 3: Mandatory DNA Testing Requirements During Rescission

Filing the rescission form removes the voluntary acknowledgment, but it often triggers the Office of Child Support Enforcement (OCSE) to open an investigation, especially if the child is receiving state benefits. To definitively resolve the matter, you will likely be required to undergo mandatory, court-admissible DNA testing. Do not use an at-home DNA kit; the state of Arkansas only accepts results from accredited laboratories with a strict chain of custody.

How to Challenge an AOP After 60 Days Based on Fraud or Duress

If you miss the 60-day window, you can no longer simply file a form to back out. The AOP is now a finalized legal finding of paternity. To undo it, you must file a formal lawsuit in your local Circuit Court, such as the Benton County Circuit Court, Bentonville.

In court, you bear a heavy burden of proof. You cannot just say, "I want a DNA test now." You must prove to a judge that your signature was obtained through fraud, duress, or material mistake of fact. For example, if you can prove the mother intentionally lied to you about being the only possible father (fraud), or if someone physically threatened you into signing the paper (duress), the judge may reopen the case and order DNA testing. This is highly complex litigation that almost always requires an attorney.

How Much Does it Cost in Arkansas?

Rescinding early saves thousands of dollars. Waiting too long means paying for court battles.

How Long Does the Process Take?

If you file the rescission form within the first 60 days, the process is an administrative action that is updated in the state system within a few weeks. However, if you are challenging an AOP after the 60-day mark based on fraud or duress, civil litigation in an Arkansas Circuit Court can easily take 6 to 12 months. During this time, any existing child support orders usually remain in effect until the judge officially signs an order disestablishing paternity.

Frequently Asked Questions (FAQ)