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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Derry Family Division No. 2007-844 IN THE MATTER OF KEVIN GENDRON AND JODY PLAISTEK

Argued: April 10, 2008 Opinion Issued: May 20, 2008 Phillips, Gerstein & Channen, LLP, of Haverhill, Massachusetts (Lynne A. Saben on the brief and orally), for the petitioner. Basbanes & Chenelle, of Groton, Massachusetts (Kevin A. Chenelle on the brief and orally), for the respondent. DUGGAN, J. The petitioner and putative father, Kevin Gendron, brings this interlocutory appeal from a ruling of the Derry Family Division (Sadler, J.) ordering him to submit to genetic marker testing. See RSA 522:1 (2007). We reverse and remand. The following facts are taken from the interlocutory appeal statement and its appendices. The respondent-mother, Jody Plaistek, gave birth to a child on December 28, 2004, in Lawrence, Massachusetts. At the time of the child's birth, the parties were not married, but resided together in Derry, New Hampshire. The child has the father's last name. Two days after the child's birth, both parties signed his birth certificate. They also signed a Voluntary Acknowledgement of Parentage

(acknowledgement), in which they "acknowledge[d] that [they] are the biological parents of" the child. The acknowledgement specifically names Kevin Gendron as the child's father. Both parties affirmed that they "voluntarily sign[ed] th[e] acknowledgment to establish the child's paternity." In so doing, they "underst[oo]d that th[e] acknowledgement w[ould] be filed with the child's birth certificate[;] the names of both par[ties] w[ould] be on the child's birth certificate"; and the acknowledgment constituted "a legal document with the same binding effect as a court judgment of paternity." The parties further indicated that they understood "the process for rescinding (canceling) th[e] acknowledgement of paternity." Pursuant to Massachusetts law, the birth certificate and acknowledgement were subsequently filed in Lawrence City Hall. See Mass. Gen. Laws ch. 209C,

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