15 AAC 125.236. Procedures to initiate disestablishment of paternity

(a) To disestablish paternity under AS 25.27.166 , the petitioner shall submit to the agency a petition to disestablish paternity on forms provided by the agency. The petition to disestablish paternity must be accompanied by an affidavit that meets the requirements of (c) of this section and the information required by (e) of this section. The petitioner shall supply the last known addresses and social security numbers of the other parties to the paternity disestablishment proceeding, to the extent that information is available to the petitioner.

(b) The agency will serve the petition to disestablish paternity, and all other documents received under (a) of this section, upon the parties.

(c) The petitioner's affidavit in support of a petition to disestablish paternity must contain the following information, to the extent available to the petitioner:

(1) the full name, birth date, and social security number of each child whose paternity the petitioner seeks to disestablish;

(2) a statement explaining how paternity was established for each child;

(3) as to each child, a description of any previous request or attempt to deny or disestablish paternity of the child in this or another jurisdiction or venue, together with relevant case numbers and copies of any relevant court documents that are in the possession of the petitioner;

(4) the date when and circumstances under which the petitioner first became aware that the petitioner might not be the biological father of the child;

(5) a description of the extent of the petitioner's relationship with the child;

(6) as to each child, a specific denial of paternity; and

(7) a description of any facts establishing a reasonable possibility that the petitioner and the child's mother did not have sexual contact that could have resulted in the conception of the child.

(d) The agency will reject a petition if

(1) the affidavit and any accompanying documents do not provide sufficient information on which to proceed under this section;

(2) a party other than the petitioner does not reside in this state, unless the agency established the paternity of the subject child under AS 25.27.165 ; or

(3) a court action or an administrative action in another state involving the parties addressed the paternity or support of the child for whom the petitioner seeks to disestablish paternity.

(e) If the petitioner has ever been a party to any court action involving any of the other parties, the petitioner shall submit with the petition to disestablish paternity copies of all court orders relating to the court action, including orders relating to divorce, dissolution, child support, or paternity.

History: Eff. 10/1/98, Register 147; am 6/15/2001, Register 158

Authority: AS 25.27.020

AS 25.27.166

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