How to File and Rescind a Voluntary Acknowledgment of Paternity (VAP) in Kentucky

The Importance of Paternity in Kentucky

When married parents have a child in Kentucky, the law automatically assumes the husband is the legal father. However, if the parents are unmarried, the father has absolutely no legal rights to custody or visitation until paternity is officially established. The fastest and most common way to do this is by signing a Voluntary Acknowledgment of Paternity (VAP). While this is a straightforward document, it carries immense legal weight, including a permanent obligation to pay child support. If you have doubts about biological paternity, or if you signed the document under pressure, understanding your right to rescind is critical. We highly recommend browsing our USA Lawyer Directory to find a seasoned family law attorney in Kentucky to protect your rights.

Step-by-Step Process in Kentucky

Establishing or rescinding paternity follows a very specific timeline and procedural path in Kentucky. Missing a deadline can result in permanent legal and financial consequences.

Signing at the Hospital vs. Health Department

Immediately after the birth of a child, staff at hospitals like Norton Women's and Children's Hospital in Louisville will offer unmarried parents the opportunity to sign Form VS-8, Kentucky, Office of Vital Statistics, Declaration of Paternity. This form must be signed voluntarily by both the mother and the father in front of a public notary. If you choose not to sign it at the hospital, you can complete it later at your local health department or child support office. Once this form is filed with the Cabinet for Health and Family Services, Frankfort, the father's name is legally added to the birth certificate.

The 60-Day Administrative Rescission Window

If you signed the VAP but quickly realize you made a mistake, Kentucky law provides a brief escape hatch. Under Ky. Rev. Stat. § 406.025, either parent has exactly 60 days from the date of signing to rescind the acknowledgment. This is an administrative process, meaning you do not need to go to court or face a judge. You must simply complete and file Form VS-8E, Kentucky, Office of Vital Statistics, Rescission of Paternity Affidavit before the 60-day clock expires. Doing so entirely voids the original paternity declaration.

Administrative vs. Judicial Rescission

Once the 60-day window closes, the VAP becomes a legally binding judgment of paternity. You can no longer simply mail in a form to undo it. You must pursue a Judicial Rescission, which involves filing a formal petition in a venue like the Jefferson County Family Court, Louisville or the Fayette County Family Court, Lexington.

Proving Duress or Material Mistake of Fact

To successfully challenge a VAP after the 60-day limit, Ky. Rev. Stat. § 406.025 dictates that you must prove the signature was obtained through fraud, duress, or a material mistake of fact. A "material mistake of fact" usually means you recently obtained a DNA test proving you are not the biological father, and you signed the original document under the false belief that you were. As demonstrated in Kentucky precedents like Crowder v. Commonwealth ex rel. Gregory, 745 S.W.2d 149 (KY Court of Appeals 1988), the burden of proof rests entirely on the man challenging the paternity. The court will order official genetic testing, and if it confirms you are not the father, the judge can issue an order disestablishing your paternity and terminating future child support obligations.

How Much Does it Cost in Kentucky?

The financial costs depend heavily on whether you catch the issue within the 60-day window.

• Administrative Rescission: Filing the rescission form is generally free, though there may be a small administrative fee (usually around $10 to $15) to issue a new, corrected birth certificate.
• Court Filing Fees: If you must file a lawsuit in family court to challenge paternity, the initial filing fees typically range from $150 to $250.
• Attorney Fees: Hiring a Kentucky family lawyer to litigate a complex paternity fraud case usually requires a retainer between $2,500 and $5,000.
• Genetic Testing: Court-admissible DNA testing generally costs between $300 and $500.

How Long Does the Process Take?

An administrative rescission is processed by the state within a few weeks. However, a judicial rescission is a full legal case. Depending on the docket schedule of your local family court, obtaining a court order for a DNA test, waiting for the results, and having a final hearing can take anywhere from 4 to 8 months.