How to Rescind a Voluntary Acknowledgment of Paternity within 60 Days in New Hampshire
If you signed an Affidavit of Parentage in New Hampshire but now have doubts, you have a strict 60-day window to legally rescind (cancel) it without needing to prove fraud. Once this deadline passes, removing your name becomes incredibly difficult and requires a complex court battle.
In the emotional whirlwind of a child's birth, it is not uncommon for a man to sign a Voluntary Acknowledgment of Paternity (known in the state as an Affidavit of Parentage) out of a sense of duty or pressure. However, if shortly after signing the document at the hospital, you discover evidence suggesting you might not be the biological father, you must act with extreme urgency. The law does not give you unlimited time to change your mind.
In New Hampshire, the legal window to easily undo this document is terrifyingly short. Whether you live in Rochester, Dover, Merrimack, or anywhere else in the state, missing this deadline can tie you to an 18-year financial obligation for a child that is not yours. If you find yourself in this situation, finding an experienced family law attorney in our directory should be your very next step. Here is what you need to know about navigating the 60-day rescission period.
The 60-Day Rescission Window Explained
New Hampshire law is very strict regarding the finality of paternity forms. Under N.H. Rev. Stat. Ann. § 5-C:27 and N.H. Rev. Stat. Ann. § 5-C:28, anyone who signs an Affidavit of Parentage has exactly 60 days from the date of filing to rescind it. During this initial 60-day window, you do not need to provide a reason for changing your mind. You do not have to prove that the mother lied to you, and you do not even need a DNA test. You simply have the statutory right to withdraw your acknowledgment, which removes your legal status as the father and removes your name from the birth certificate.
Steps to File the Rescission Form with the City or Town Clerk
Rescinding the VAP is not as simple as making a phone call or tearing up your copy of the paperwork. You must formally notify municipal vital records authorities. To do this, you need to obtain and complete the Form Rescission of Parentage, New Hampshire, Division of Vital Records Administration, Rescission of Affidavit of Parentage pursuant to N.H. Rev. Stat. Ann. § 5-C:27.
This form must be filled out completely, signed in front of a notary public or justice of the peace, and formally filed with the clerk of the city or town where the birth occurred-such as the Manchester City Clerk's Office, Manchester or the Nashua City Clerk's Office, Nashua-before the 60th day expires. Under N.H. Rev. Stat. Ann. § 5-C:28, I, filing with the local city or town clerk is mandatory, after which the clerk transmits the rescission to the state Division of Vital Records Administration. It is highly recommended to hand-deliver the form or send it via certified mail with a return receipt requested, so you have absolute proof of receipt before the statutory deadline.
What to Do if the Mother Hides the Child During the 60 Days
A common and stressful situation occurs when a mother cuts off contact or hides the child to prevent you from getting a DNA test during the 60-day window. You must understand one critical legal fact: the mother hiding the child does not pause the 60-day clock.
If she disappears and you have doubts, you should file the Rescission of Parentage form anyway. It is much safer to rescind the document to protect yourself legally, and then file a formal Petition to Establish Paternity with the court to force a DNA test. If the court-ordered test later proves you are the father, you can simply re-establish your rights. But if you wait for her to reappear and the 60 days pass, you will be locked into the paternity acknowledgment.
What Happens After the 60-Day Deadline?
If you miss the 60-day window, the Affidavit of Parentage becomes a binding legal judgment, just as powerful as a court order. After 60 days, you can only challenge paternity in court on the basis of fraud, duress, or a material mistake of fact. This is an incredibly steep uphill battle.
To win a challenge after the deadline, you must hire a lawyer to file a motion to vacate the paternity acknowledgment. You must prove to a judge that the mother intentionally lied to you about your biological connection to the child at the time you signed the form. Even if a subsequent DNA test proves you are not the biological father, courts have sometimes ruled that the man must still pay child support if he waited too long to challenge it, prioritizing the stability of the child over genetics, as seen in complex family law precedents like Watts v. Watts, 115 N.H. 186 (NH Supreme Court 1975). Therefore, beating the 60-day clock is paramount.
Frequently Asked Questions (FAQ)
Does it cost money to file the Rescission form?
Generally, there is a small administrative fee (around $10 to $15) required by the Division of Vital Records Administration to process the rescission and amend the birth certificate records.
Can the mother also rescind the VAP within 60 days?
Yes. The 60-day rescission rule applies to any person who signed the original Affidavit of Parentage. The mother can also file the rescission form to cancel the acknowledgment within that timeframe.
What if the 60th day falls on a weekend or holiday?
If the deadline falls on a day the state offices are closed, you must ensure the document is received by the vital records office on the last business day prior to the deadline, or check specific state rules for holiday extensions to avoid being time-barred.
Will I get a refund on child support if I rescind paternity?
Usually, no. New Hampshire courts rarely order the mother to pay back child support that was already collected before the paternity acknowledgment was legally rescinded or vacated.
Do I have to go to court if I file within the 60 days?
No. If you properly file the rescission form with the clerk of the city or town where the birth occurred within the strict 60-day window, you do not need to attend a court hearing to remove your name.
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