Oklahoma Statutes

Okla. Stat. tit. 10, § 7700-308 (2026)

Proceeding to challenge acknowledgment – Commencement

✓ current as of July 2026

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– Burden of proof. A. After the period for rescission under Section 7700-307 of this title has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only: 1. On the basis of duress or material mistake of fact within two (2) years after the acknowledgment is executed; or 2. On the basis of fraud at any time in accordance with subsection D of Section 7700-607 of this title. B. After the period for rescission under Section 7700-307 of this title has expired, a signatory of a denial of paternity may commence a proceeding to challenge the denial only: 1. On the basis of fraud, duress or material mistake of fact; and 2. Within two (2) years after the denial is executed. C. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof, which shall be by clear and convincing evidence. Added by Laws 2006, c. 116, § 16, eff. Nov. 1, 2006. Amended by Laws 2019, c. 151, § 2, eff. Nov. 1, 2019.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2023 · leading case: Scott v. Foster, 2023 OK 112 (Okla. 2023).

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Scott v. Foster, 2023 OK 112 (Okla. 2023). · cites it 6× “10 O.S. §§ 7700-308, 7700-609. The amendments changed some of these limitations, but not all.”

Paul v. Williamson, 2014 OK CIV APP 31 (Okla. Civ. App. 2014). “3d 981 , Division IV of the Oklahoma Court of Civil Appeals determined that 10 O.S.Supp.2006 § 7700-308 was a statute of repose, rather than a statute of limitations.”

Bates v. Copeland, 2015 OK CIV APP 30 (Okla. Civ. App. 2015). · cites it 4× “§7700-307] or successfully challenged pursuant to [10 O.S. §7700-308], or b. been adjudicated to be the father of the child; and 4.”

— Okla. Stat. tit. 10, § 7700-308(A) — 1 case

Scott v. Foster, 2023 OK 112 (Okla. 2023). “10 O.S. §§ 7700-308, 7700-609. The amendments changed some of these limitations, but not all.”

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