Martin D. v. Lucille F.

*784OPINION OF THE COURT

Rosalie S. Bailey, J.

This proceeding seeks to vacate an acknowledgment of paternity signed by petitioner, Martin D., on November 1, 1997. It is uncontested that prior to filing this petition, Mr. D. surreptitiously obtained a private genetic marker test during his visitation with the child. This was performed by an unlicensed laboratory and purported to exclude him as the father.

According to section 516-a of the Family Court Act, a petition to vacate a voluntary acknowledgment of paternity must be brought within 60 days of either its signing or of a judicial proceeding…