How to Legally Revoke a Voluntary Acknowledgment of Paternity (VAP) in Nevada
In Nevada, you have a strict legal window of exactly 60 days to revoke a Voluntary Acknowledgment of Paternity (VAP) without needing a court order. Once the 60-day deadline passes, you can only rescind the document by proving fraud, duress, or a material mistake of fact before a judge.
Signing a Voluntary Acknowledgment of Paternity at a hospital in Las Vegas, Reno, or Carson City is a joyous moment for many unmarried parents. By signing this document, a man is legally recognized as the child's father, bypassing the need for court involvement. However, relationships change, and sometimes doubts about biological paternity arise shortly after the birth. If you discover you may not be the father, acting quickly is your only defense against a lifetime of legal and financial obligations. Nevada law provides a narrow window to undo this signature. Using our directory, you can find a dedicated family law attorney to help you navigate the strict deadlines of the Nevada Office of Vital Records.
Step-by-Step Process to Rescind a VAP in Nevada
A Voluntary Acknowledgment of Paternity is the legal equivalent of a court order establishing fatherhood. Revoking it requires precise adherence to state statutes, specifically Nev. Rev. Stat. § 126.053. Here is how the rescission process works depending on your timeline.
Step 1: The 60-Day Rescission Rule
Nevada law is extremely clear: any signatory (either the mother or the father) may rescind a Declaration of Paternity within 60 days after the document was signed, or before the date of an administrative or judicial proceeding relating to the child (such as a child support hearing), whichever comes first. During this 60-day window, you do not need to explain your reasons, and you do not need to prove you are not the biological father. The rescission is purely administrative, meaning no judge is required.
Step 2: Filing the Proper Forms with Vital Records
To execute the rescission within the 60 days, you cannot just tell the mother you changed your mind. You must formally submit Form Rescission of Declaration of Paternity, Nevada, Office of Vital Records, Rescission of Declaration of Paternity. This document must be properly filled out, notarized, and physically received by the Nevada Office of Vital Records, Carson City before the 60-day clock expires. It is highly recommended to send this form via certified mail with a return receipt requested so you have absolute proof that the state agency received it in time.
Step 3: Proving Material Mistake of Fact or Fraud Post-60 Days
If the 60 days have passed, the VAP becomes a binding legal judgment. You can no longer simply mail a form to Carson City. Instead, you must file a formal lawsuit in a family court, such as the Eighth Judicial District Court, Family Division, Las Vegas. Under Nev. Rev. Stat. § 126.053, you must prove that you signed the document due to fraud (e.g., the mother lied about you being the only possible father), duress (you were threatened into signing), or a material mistake of fact (a flawed DNA test misled you). The burden of proof is entirely on you. If the judge is convinced, they will order an official, court-admissible DNA test to determine the truth.
Step 4: Special Considerations for Minors Who Signed a VAP
In Nevada, a father under the age of 18 cannot legally sign a Voluntary Acknowledgment of Paternity at a medical facility without a notarized Minor Father Addendum completed by his parent or legal guardian. Furthermore, Nev. Rev. Stat. § 126.053 does not provide any statutory tolling or special extension of the 60-day rescission period once a minor father reaches the age of 18. After the standard 60-day window expires, a minor father faces the exact same strict legal burden as an adult: the acknowledgment can only be set aside in court by proving fraud, duress, or a material mistake of fact under Nev. Rev. Stat. § 126.053.
How Much Does it Cost in Nevada?
The cost of revoking a VAP depends entirely on whether you are inside or outside the 60-day window.
| Type of Action | Estimated Cost in Nevada |
|---|---|
| Rescission Form within 60 Days | Generally Free (plus minor notary & certified mail fees) |
| Family Court Filing Fee (Post-60 Days) | $250 to $300 |
| Court-Admissible DNA Test | $300 to $500 |
| Attorney Representation for Fraud Claims | $2,500 to $5,000+ depending on case complexity |
How Long Does the Process Take?
Submitting the rescission form within the 60-day window revokes the acknowledgment's status as a binding paternity judgment, and the administrative filing is usually recorded within a few weeks. However, under Nev. Rev. Stat. § 440.287, submitting a rescission does not automatically remove your name from the child's birth certificate; the State Registrar is statutorily prohibited from issuing an amended birth certificate without a certified court order determining non-paternity. If the 60-day window has expired and you must litigate fraud, duress, or a material mistake of fact under Nev. Rev. Stat. § 126.053, obtaining a hearing date, completing court-ordered genetic testing, and securing a final judicial order typically takes 3 to 6 months.
Frequently Asked Questions (FAQ)
Do I need the mother's permission to rescind the VAP within 60 days?
No. Either the mother or the father who signed the Voluntary Acknowledgment of Paternity can independently file the rescission form within the 60-day window. You do not need the other party's signature or consent to cancel it.
What happens to my child support if I successfully rescind the VAP?
If the VAP is legally rescinded before a child support order is entered, you will not be ordered to pay support. If a court order was already established, a successful rescission or fraud claim will usually terminate your future child support obligations, but you may not be refunded for past payments.
Will my name automatically be removed from the birth certificate?
No. Even if you timely rescind the paternity acknowledgment within the 60-day window, Nev. Rev. Stat. § 440.287 specifies that the Nevada Office of Vital Records, Carson City cannot issue a new birth certificate removing your name without an official court order declaring that you are not the father.
Can I sign a VAP if the mother is married to someone else?
In Nevada, if the mother is legally married when the child is born, her husband is presumed to be the legal father. You cannot simply sign a VAP to override this. The husband must first sign a Denial of Paternity before a biological father's VAP can be accepted by the state.
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