(a) A voluntary acknowledgment described in Section 301 of this Act must: (1) be in a record; (2) be signed, or otherwise authenticated, under penalty of perjury by the woman or person who gave birth to the child and by the person seeking to establish parentage; (3) state that the child whose parentage is being acknowledged: (A) does not have a presumed parent, or has a presumed parent whose full name is stated; and (B) does not have another acknowledged or adjudicated parent; (4) be witnessed; and (5) state that the signatories understand that the voluntary acknowledgment is the equivalent of a judicial adjudication of parentage of the child and that: (i) a challenge by a signatory to the voluntary acknowledgment may be permitted only upon a showing of fraud, duress, or material mistake of fact; and (ii) a challenge to the voluntary acknowledgment is barred after 2 years unless that period is tolled pursuant to the law. (b) An acknowledgment is void if it: (1) states that another person is a presumed parent, unless a denial signed or otherwise authenticated by the presumed parent is filed with the Department of Healthcare and Family Services, as provided by law; (2) states that another person is an acknowledged or adjudicated parent; or (3) falsely denies the existence of a presumed, acknowledged, or adjudicated parent of the child. (c) A presumed parent may sign or otherwise authenticate a voluntary acknowledgment. penalty of perjury by the woman or person who gave birth to the child and by the person seeking to establish parentage; acknowledged: presumed parent whose full name is stated; and adjudicated parent; voluntary acknowledgment is the equivalent of a judicial adjudication of parentage of the child and that: (i) a challenge by a signatory to the voluntary acknowledgment may be permitted only upon a showing of fraud, duress, or material mistake of fact; and (ii) a challenge to the voluntary acknowledgment is barred after 2 years unless that period is tolled pursuant to the law. unless a denial signed or otherwise authenticated by the presumed parent is filed with the Department of Healthcare and Family Services, as provided by law; adjudicated parent; or acknowledged, or adjudicated parent of the child.
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