An Act To Update Maine's Family Law
Maine Legislature, Session 127, LD 1017
Committee Amendment CA_A_S254 (Senate)
Amends: 19-A MRSA §1551, 19-A MRSA §1553, 19-A MRSA §155, 19-A MRSA §1559, 19-A MRSA §1560, 19-A MRSA §1561, 19-A MRSA §1562, 19-A MRSA §1565, 19-A MRSA §1568, 19-A MRSA §1570, 4 MRSA §183, 14 MRSA §704-A, 18-A MRSA §2, 19-A MRSA §251, 19-A MRSA §1503, 19-A MRSA §1601, 19-A MRSA §1605, 19-A MRSA §1606, 19-A MRSA §1611, 19-A MRSA §1616, 19-A MRSA §1651, 19-A MRSA §1654, 19-A MRSA §1802, 19-A MRSA §2101, 19-A MRSA §2202, 19-A MRSA §2253, 19-A MRSA §30, 19-A MRSA §4002, 22 MRSA §2761, 22 MRSA §4002, 22 MRSA §400, 22 MRSA §4031, 22 MRSA §4036

COMMITTEE AMENDMENT" A" to S.P. 358, L.D. 1017, Bill, "An Act To 
Update Maine's Family Law" 
Amend the bill by inserting after the enacting clause the following: 
'PART A' 
Amend the bill by striking out all of section 2 and inserting the following: 
'PARTB 
Sec. B-1. 19-A MRSA §1551, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed. 
Sec. B-2. 19-A MRSA § 1552, as amended by PL 2005, c. 323, § 10, is further 
amended to read: 
§1552. Obligations of father 
The father of a child \.."ho is or may be born out of 'Nedlook is liable to the same 
e"tent as the father of a ohild born in 'Nedlook, whether or not the ohild is born alive, for 
the reasonable expense of the mother's pregnancy and confinement and for the education, 
support and funeral expenses of the child. 
Sec. B-3. 19-A MRSA §1553, first~, as amended by PL 1997, c. 537, §16 and 
affected by §62, is further amended to read: 
Paternity may be determined upon the oomplaint of the mother, the alleged father, the 
child or the pl:lblic authority chargeable by law with the support of the ohild. If paternity 
has been determined or has been acknowledged according to the laws of this State, the 
liabilities of the father may be enforced in the same or other proceedings by the mother, 
the child or the public authority that has furnished or may furnish the reasonable expenses 
of pregnancy, confinement, education, support or funeral expenses, and by other persons, 
including private agencies, to the extent that they have furnished the reasonable expenses 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 358, L.D. 1017 
of pregnancy, confinement, education, support or funeral expenses. Bills ilnd records of 
expenses paid for pregnancy, child birth childbirth and genetic testing are admissible as 
evidence without requiring 3rd-party foundation testimony and are prima facie evidence 
of amounts incurred for those services or for testing on behalf of the child. Chapter 63 
applies to an award of past support, which is calculated by applying the current child 
support guidelines to the period for which past support is owed. 
Sec. B-4. 19-A MRS A §1556, as repealed and replaced by PL 2001, c. 471, Pt. A, 
§23, is amended to read: 
§1556. Remedies 
The District Court has jurisdiction over an action to determine parentage. There is no 
right to demand a jury trial in an action to determine parentage. The District Court has 
jurisdiction for the enforcement of judgments for expenses of pregnancy and confinement 
for a wife or for education, support or funeral expenses for legitimate children and all 
remedies for the enforcement of these judgments apply. 
The court has continuing 
jurisdiction to modify or revoke a judgment for future education and support. 
All 
remedies under the Uniform Interstate Family Support Act are available for enforcement 
of duties of support under this subchapter. 
Sec. B-5. 19-A MRSA §155S, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed. 
Sec. B-6. 19-A MRSA §1559, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
§1559. Selection of experts 
The tests required by the court order under section 1558 chapter 61, subchapter 6 
must be made by experts qualified as examiners of blood or tissue types who are 
appointed by the court. The experts may be called by the court as witnesses to testify to 
their findings and may be subject to cross-examination by the parties. A party Qr person at 
whose suggestion the tests have been ordered may demand that other experts, qualified as 
examiners of blood or tissue types, perform independent tests under order of court, the 
results of which may be offered in evidence. The court shall determine the number and 
qualifications of those experts. 
Sec. B-7. 19-A MRSA §1560, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed. 
Sec. B-S. 19-A MRSA §1561, as amended by PL 1997, c. 537, §18 and affected 
by §62, is further amended to read: 
§1561. Effect oftest results 
1. Effect of results. The results of the tests required pursuant to section 1558 
chapter 61, subchapter 6 are evidence to be used in determining paternity as follows. 
A. If the court finds that the conclusion of all the eJ(perts, as disclosed by the 
evidence based upon the tests, is that the alleged father is not the parent of the child, 
the question of paternity must be resolved accordingly. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "11 "to S.P. 358, L.D. 1017 
B. If the experts disagree in their findings or conclusions, the question must be 
submitted upon all the evidence. 
C. lfthe experts conclude that the blood or tissue tests show that the alleged father is 
not excluded and that the probability of the alleged father.'s paternity is less than 97%, 
this evidence must be admitted by the court and 'Neighed with other competent 
eyidence ofpatemity. 
D. !fthe experts conclude that the blood or tissue tests show that the alleged. father is 
not excluded and that the probability of· the· alleged father's paternity is 97% or 
higher, the alleged father is presumed to be the father, and thiseyidence must be 
admitted. 
The court shall admit as evidenee the results of any genetic test that is of a type generally 
acknowledged as reliable by accreditation bodies designated by the federal Secretary of 
the Department of Health and Human Services and perfonned by a laboratory approved 
by such an accredited body. 
2. Chain of eustody; evidenee. Notarized documentation ofthe chain of custody of 
the blood and tissue samples is competent evidence to establish the chain of custody. 
3. Notarized reports; challenges. A notarized report of the blood and tissue tests, 
prepared by the appointed experts, must be admitted at trial, unless a written challenge to 
the testing procedure or the results of the blood and tissue tests has been filed with the 
court and delivered to opposing counsel at least 30 days before a hearing set to determine 
the issue of paternity. Failure to make that timely challenge constitutes a waiver of the 
right to have the experts appear in person and is not grounds for a continuance of the 
hearing to determine paternity. 
Sec. B-9. 19-A MRSA §1562, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed. 
Sec. B-I0. 19-A MRS A §1563, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is repealed. 
Sec. B-l1. 19-A MRS A §1564, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed. 
Sec. B-12. 19-A MRSA §1565, as amended by PL 2007, c. 164, §1, is further 
amended to read: 
§1565. Judgment 
1. Support. Judgments under this subchapter may be for periodic payments that 
may vary in amount. The court may order payments to be made to the person to whom 
the support is owed or to the person, corporation or agency designated to administer 
payments under the supervision of the court. 
2. Parental rights and respoHsihilities. The court may order an initial allocation of 
parental rights and responsibilities. The order of the court must provide notice that if 
either party objeets to the allocation, that party may file a· complaint pursuant to section 
1654 and that an order from that action supersedes this initial allocation of parental rights 
and responsibilities. It is 'Nithin the court's discretion to award or allocate parental rights 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 358, L.D. 1017 
and responsibilities under this subohapter and the department is not a party to this issue. 
In resolving parental rights and responsibilities issues, the court may not delay entering a 
determination of paternity and an initial order oonoerning ohild support. After a final 
paternity order has been entered, the department may file a motion to withdraw. 'Nhether 
or not the department has 'Nithdra'Nn, a party or a parent may file a motion to modify 
parsuant to section 1653 or seotion 2009. A oOPY olthe motion must be served in 
aocordanoe with the Maine Rales of Civil ProoedaFe on· the other parent and the 
department, if the department has not vlithdrawn. A· sho'lling of substantial ohange in 
circumstanoes is not reqaired if the moving. party has not previoasly appeared· in the 
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3. Temporary support order. Upon motion by a party to· a oontested paternity 
action, the ooart shall issue a temporary child sapport order if the alleged father is 
presumed to be the father as a resalt of genetic testing, as pro!/ided by Title 19 A j . section 
1561, subsection 1, paragraph D. The order must be determined aocording to. the child 
support guidelines as provided under chapter 63. 
4. DiselosuFe and recording ofsoeial security numbers. A person.\vho is a party 
to a paternity action shall disclose that person's social seoarity number to the court. The 
social secarity number of a person 'i'lho is subject to a judgment of paternity must be 
placed in the court records relating to the judgment of paternity. The record of a person's 
social. seeurity number is confidential and is not open to the public. The court shall 
disclose . a person's. social secu-rity number to the . department for child support 
enforcement purposes. 
Sec. B-13. 19-A MRSA §1568, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed. 
Sec. B-14. 19-A MRSA §1570, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
§1570. Dismissals 
1. Procedure. The rules of ·civil procedure apply to this subchapter in all cases of 
birth out of wed look when the birth occurs after October 7, 1.967. 
2. Dismissal without prejudice. Dismissals of paternity actions must be without 
prejudice in all cases except: 
A. 
When an adjudication on the merits has occurred; or 
B. 
When the department is a party to the action and the department consents to the 
dismissal with prejudice. 
Sec. B-15. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 19-A, chapter 53, subchapter 1, in the subchapter 
headnote, the words "uniform act on paternity" are amended to read "paternity" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 358, L.D. 1017 
PARTe 
Sec. C-l. 4 MRSA §183, sub-§l, ~, as amended by PL 2005, c. 384, §1, is 
further amended to read: 
D. Family law magistrates shall employ appropriate case management techniques 
and have jurisdiction to hear and dispose of the following matters: 
(1) 
Interim orders in actions involving the establishment, modification or 
enforcement of child support; 
(2) 
Interim orders in actions involving divorce, legal separation, paternity 
parentage or parental rights, including interim orders in post judgment 
proceedings arising out of these actions, except that a contested motion 
concerning interim parental rights and responsibilities, excluding interim child 
support orders, may be determined by the family law magistrate only if both 
parties consent to determination of the issue or issues in dispute by the family law 
magistrate; 
(2-A) Parental rights and responsibilities and parent-child contact orders entered 
pursuant to Title 19-A, section 4006, subsection 5 and section 4007, subsection 1, 
paragraph G to make such orders consistent with subsequently entered orders in 
matters included in subparagraphs (1), (2) and (3); 
(3) Final orders in any of the matters included in subparagraphs (1) and (2) when 
the proceeding is uncontested; 
(4) 
Final orders in a contested proceeding when child support is the only 
contested issue; 
(4-A) Applications for writs of habeas corpus to facilitate the attendance of 
proceedings by and return of a party who is incarcerated; 
(4-B) Requests for access to confidential Department of Health and Human 
Services child protective records in accordance with Title 22, section 4008. The 
family law magistrate may review records in camera to determine whether to 
grant access; and 
(5) Other actions assigned by the Chief Judge of the District Court. 
Sec. C-2. 14 MRSA §704-A, sub-§2, ~, as amended by PL 1995, c. 694, Pt. D, 
§ 14 and affected by Pt. E, §2, is further amended to read: 
E. Conception resulting in paternity parentage within the meaning of Title 19-A, 
chapter 53, subchapter I Ql; 
Sec. C-3. 18-A MRSA §2-109, sub-§(2), as amended by PL 1987, c. 736, §37, is 
further amended to read: 
(2). 
In cases not covered by paragraph subsection (1), a person born out of'uedlock 
is a child of the mother; that person is also a child of the father if: legal parentage of a 
child is determined under Title 19-A, chapter 61. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT " p.. "toS.P.358,L.D.l017 
0). The natural parents participated ina marriage ceremony before or after the birth 
of the child, 6<ye1'1 though the attempted marriage is Yfoid;. or 
Oi). The father adopts the childi1'1to his family; or 
(iii). The father acknovAedges in v/riting before a notary public that he is the father 
of the shild, or the paternity is established by an adjudication before the death of the 
father or is established thereafter by olear and o01'1vineing proof, but the paternity 
established u1'1der this subparagraph is ineffecthl6 to qualify the father or his ki1'1dred 
to i1'1herit from or through the child unless the father has openly treated the child as 
his and has not refused to support the ohild. 
Sec. C-4. lS-A MRS A §5-101, sub-§(l-D) is enacted to read: 
(I-D). "Parent" means a person who has established a parent-child relationship with 
the child under Title 19-A, chapter 61. 
Sec. C-5. lS-A MRSA §9-102, sub-§(b), as enacted by PL 1995, c. 694, Pt. C, 
§ 7 and affected by Pt. E, §2, is amended to read: 
(h). 
"Parent" means the legal parent or the legal guardian when no legal parent 
~ 
a person who: 
(1). 
Has established a parent-child relationship with the .child undc::r Title 19-A, 
chapter 61; or 
(2). When no person described in paragraph (1) exists, is the legal guardian of the 
child. 
Sec. C-6. 19-A MRSA §251, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
2. Required mediation. Except as provided in paragraph B, prior to a contested 
hearing under chapter 27, chapter 29, chapter 55, chapter 61 or chapter 63 when there are 
minor children of the parties, the court shall refer the parties to mediation. 
A. For good cause shown, the court, prior to refening the parties to mediation, may 
hear motions for temporary relief, pending final judgment on an issue or combination 
of issues for which good cause for temporary relief has been shown. 
B. 
Upon motion supported by affidavit, the court may, for extraordinary cause 
shown, waive the mediation requirement under this subsection. 
Sec. C-7. 19-A MRS A §606, first~, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
Except as otherwise provided in this section, an effective premarital agreement is 
void 18 months after the parties to the agreement become biological or adoptive parents 
or guardians of a minor. The premarital agreement is not void if, within the 18-month 
period, the parties sign a written amendment to the agreement either stating that the 
agreement remains in effect or altering the agreement. Sections 607 and 608 apply to any 
amendment under this section. 
Sec. C-S. 19-A MRSA §1503, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, § 2, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 358, L.D. 1017 
Sec. C-9. 19-A MRSA §1601, sub-§l, ~, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E, §2, is amended to read: 
B. A man who is presumed to be a child's father under the Maine Rules of Evidence, 
Rule 302 chapter 61. 
Sec. C-I0. 19-A MRSA §1605, sub-§2, ~G, as enacted by PL 1995, c. 694, Pt. 
B, §2 and affected by Pt. E, §2, is amended to read: 
G. An allegation that the alleged father engaged in sexual intercourse with the child's 
mother during a possible time of conception of the child or is a man who is presumed 
to be the child's father under state law, and that the alleged father is or may be the 
biological genetic father of the child; 
Sec. C-l1. 19-A MRSA §1605, sub-§2, ~J, as enacted by PL 1995, c. 694, Pt. 
B, §2 and affected by Pt. E, §2, is amended to read: 
J. A statement that if the alleged father files a written denial of paternity: 
(1) The department will provide an expert examiner of blood or tissue types to 
conduct blood or tissue-typing tests on the mother, child and alleged father and 
the tests will be conducted as follows. 
(a) The alleged father is required to submit to tests, which may include, but 
are not limited to, tests of red cell antigens, red cell isoenzymes, human 
leukocyte antigens and serum proteins. 
(b) The department will pay the initial cost of the tests. 
(c) An indigent alleged father is not liable for reimbursement of the cost of 
the tests; 
(2) If the alleged father refuses to submit to tests under subparagraph (1), the 
proceeding will be filed in a court as a paternity proceeding; 
(3) If the alleged father is not excluded by the test results and he does not, within 
days of the ordinary mailing to him of a report and copy of the blood or tissue-
typing results, execute and deliver to the department an acknowledgment of 
paternity of the child in accordance with the laws of the state in which the child 
was born, the proceeding will be filed in a court as a paternity proceeding; and 
(4) If the alleged father is excluded by the test results as the biological genetic 
father of the child, the proceeding will be filed in a court as a paternity 
proceeding for disposition under section 1561, subsection 1, paragraph A chapter 
Ql; 
Sec. C-12. 19-A MRSA §1606, sub-§l, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
1. Establish as genetic father. Establish the alleged father as the biological genetic 
father of the child; 
Sec. C-13. 19-A MRSA §1606, sub-§8, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 358, L.D. 1017 
I 
8. Other relief. Grant such other relief as the court determines just and proper, 
including an initial allocation of parental rights and responsibilities as allowed by section 
~1840. 
Sec. C-14. 19-A MRSA §1611, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
§1611. Refusal of alleged father to submit to blood or tissue-typing tests 
1. Filing of record in court. If the alleged father denies paternity and subsequently 
fails to submit to blood or tissue-typing testing, the record may be filed in court as a 
paternity action and the department may seek an adjudication of paternity pursuant to 
section ~ 
1914. The alleged father's refusal to submit to a blood or tissue-typing test 
constitutes a refusal to submit under section ~ 
1914. The filing of the record, along 
with proof of service pursuant to section 1604, constitutes compliance with the Maine 
Rules of Civil Procedure, Rule 3(1). 
2. Notice of filing. The department shall send to the alleged father by ordinary mail 
notice of the filing of the paternity proceeding and a request under section +M-& 1911. 
Within 20 days of the mailing of this notice, the alleged father may assert any defense, in 
law or fact. 
3. Request for default judgment or order. The department shall forward to the 
I 
alleged father by ordinary mail a copy of any request for a default judgment or an order 
pursuant to section +M-& 1911 or 1914. If the alleged father does not notify the court in 
writing within 20 days of the date the department's request was mailed that he opposes 
the relief requested by the department, the court may grant the relief requested without a 
hearing. Any notice mailed must contain the substance of this section. 
Sec. C-lS. 19-A MRS A §1612, sub-§§2 and 3, as enacted by PL 1995, c. 694, 
Pt. B, §2 and affected by Pt. E, §2, are amended to read: 
2. Exclusion of alleged father. If the alleged father is excluded by the test results as 
the biological genetic father of the child, the department may file the record of the 
proceeding in a court as a paternity proceeding for disposition under section ~ 
subsection 1, paragraph A 1915. 
3. Nonexclusion of alleged father. If the alleged father is not excluded by the test 
results and he does not, within 15 days of the mailing to him of a copy of the blood or 
tissue-typing test results and report, execute and deliver to the department by ordinary 
mail an acknowledgment of paternity of the child in accordance with the laws of the state 
in which the child was born, the department may file the record of the proceeding, 
including the blood or tissue-typing test results, in a court as a paternity proceeding. 
Section 1561 applies Sections 1903, 1904 and 1913a12ply to the action even though the 
tests were performed and the results prepared as part of an administrative proceeding. 
The alleged father's participation in the tests may not prejudice any application by the 
alleged father under section M-59 1906 for an order appointing an additional examiner of 
blood or tissue types. 
Sec. C-16. 19-A MRSA §1616, as reallocated by RR 1997, c. 1, § 15, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 358, L.D. 1017 
Sec. C-17. 19-A MRSA §1651, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, § 2, is amended to read: 
§1651. Parents joint natural guardians of children 
The father and mother parents are the joint natural guardians of their minor children 
and are jointly entitled to the care, custody, control, services and earnings of their 
children. Neither parent has any rights paramount to the rights of the other with reference 
to any matter affecting their children. 
Sec. C-18. 19-A MRSA §1654, first~, as amended by PL 1999, c. 731, Pt. ZZZ, 
§34 and affected by §42, is further amended to read: 
If the father and mother parents of a minor child are living apart, the Probate Court or 
II 
District Court in the county or division where either resides, upon complaint of either and 
after notice to the other as the court may order, may make an order awarding parental 
rights and responsibilities with respect to the child in accordance with this chapter. 
Sec. C-19. 19-A MRSA §1802, sub-§I, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
1. 
Grandparent. "Grandparent" is a biologioal or adoptive parent of a child's 
biologioal or adoptive parent. "Grandparent" includes a biologioal or adoptive parent of a 
child's biological or adoptive parent whose parental rights have been terminated pursuant 
I 
to Title 18-A, section 9-204 or Title 22, chapter 1071, subchapter ¥I Q, but only until the 
child's adoption. 
Sec. C-20. 19-A MRSA §2101, sub-§§3 and 12, as enacted by PL 1995, c. 694, 
Pt. B, §2 and affected by Pt. E, §2, are amended to read: 
3. 
Custodial parent. 
"Custodial parent" means a natural or adoptive parent, 
caretaker relative or legal custodian of a dependent child who is the child's primary 
residential care provider. 
12. Responsible parent. "Responsible parent" means the natural or adoptive parent 
of a dependent child. 
Sec. C-21. 19-A MRSA §2202, sub-§I, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
1. Purpose. The Legislature finds and declares that child support is a basic legal 
right of the State's parents and children, that mothers and fathers parent.§. have a legal 
obligation to provide financial support for their children and that child support payments 
can have a substantial impact on child poverty and state welfare expenditures. It is 
therefore the Legislature's intent to encourage payment of child support to decrease 
overall costs to the State's taxpayers while increasing the amount of financial suppOli 
collected for the State's children. The department is authorized to initiate action under 
this section against individuals who are not in compliance with an order of support. 
Sec. C-22. 19-A MRSA §2253, sub-§2, ~B, as enacted by PL 1995, c. 694, Pt. 
B, §2 and affected by Pt. E, §2, is amended to read: 
B. 
Conception resulting in paternity parentage within the meaning of chapter *, 
subohapter I Ql. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 358, L.D. 1017 
Sec. C-23. 19-A MRSA §30S1, sub-§2, W, as enacted by PL 2003, c. 436, §28, 
is amended to read: 
F. An acknowledged father of the child as provided in Title 19-A, section 1616 
chapter 61, subchapter 3; 
Sec. C-24. 19-A MRSA §4002, sub-§4, as amended by PL 2013, c. 478, §7, is 
further amended to read: 
4. Family or household members. "Family or household members" means spouses 
or domestic partners or former spouses or former domestic partners, individuals presently 
or formerly living together as spouses, natural parents of the same child, adult household 
members related by consanguinity or affinity or minor children of a household member 
when the defendant is an adult household member and, for the purposes of Title 15, 
section 1023, subsection 4, paragraph B-1 and Title 15, section 1094-B, this chapter and 
Title 17-A, sections 15, 207-A, 209-A, 210-B, 210-C, 211-A, 1201, 1202 and 1253 only, 
includes individuals presently or formerly living together and individuals who are or were 
sexual partners. Holding oneself out to be a spouse is not necessary to constitute "living 
as spouses." 
For purposes of this subsection, "domestic partners" means 2 unmarried 
adults who are domiciled together under long-tenn arrangements that evidence a 
commitment to remain responsible indefinitely for each other's welfare. 
Sec. C-2S. 22 MRSA §2761, sub-§3-A, as enacted by PL 1995, c. 260, §6, is 
amended to read: 
3-A. Parentage. For the purposes of birth registration, the mother is deemed to be 
the woman who gives birth to the child, unless otherwise determined by a court of 
competent jurisdiction prior to the filing of the birth certificate or unless an attested copy 
of a gestational carrier agreement as defined in Title 19:-A, section 1832, sUlJsection 11 is 
presented that provides otherwise. 
If the mother was married at the time of either 
conception or birth, or between conception and birth, the name of the husband spouse 
must be entered on the certificate as the fathef parent of the child, unless paternity 
parentage has been determined otherwise by a court of competent jurisdiction or unless 
an attested copy of a gestational carrier agreement is presented that provides otherwise. 
Sec. C-26. 22 MRSA §4002, sub-§7, as enacted by PL 1979, c. 733, §18, is 
amended to read: 
7. Parent. "Parent" means a natural or adoptive parent or a parent established under 
Title 19-A, chapter 61, unless parental rights have been terminated. 
Sec. C-27. 22 MRSA §400S-F, first ~, as enacted by PL 2007, c. 257, § 1, is 
amended to read: 
As part of a child protection proceeding, the District Court may determine parentage 
of the child. Title 19-A, sections 1558 to 1564 apply chapter 61 applies to determinations 
of parentage in a child protection proceeding. 
Sec. C-2S. 22 MRSA §4031, sub-§3, as corrected by RR 1999, c. I, §29, is 
amended to read: 
3. Scope of authority. The court shall consider and act on child protection petitions 
regardless of other decrees regarding a child's care and custody. The requirements and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" PI .. to S.P. 358, L.D. 1017 
provisions of Title 19-A, chapter 58 do not apply to child protection proceedings. If 
custody or parentage is an issue in another pending proceeding, the proceedings may be 
consolidated in the District Court with respect to the issue of custody ~, parentage or 
both. In any event, the court shall make an order on the child protection petition in 
accordance with this chapter. That order takes precedence over any prior order regarding 
the child's care and custody. 
Sec. C-29. 22 MRSA §4036, sub-§2-A is enacted to read: 
2-A. . Determination of parentage. In a. protection order or in a judicial review 
order, the court may determine the parentage of the child. The court's detennination of 
the child's parentage must be made pursuant to Title 19~A, chapter 61 and has the same 
legal effect as a determination of parentage made pursuant to that chapter. 
PARTD 
Sec. D-l. Effective date. This Act takes effect July I, 2016.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes changes in the Maine Revised Statutes, Titles 4, 18-A, 19-A 
and 22 to conform to the Maine Parentage Act enacted in the bill. This amendment 
designates the content of the bill as Part A and adds Part B, Part C and Part D. 
Part B consists of amendments to Title 19-A, chapter 53, subchapter 1, currently 
named the "Uniform Act on Paternity." The bill enacts Title 19-A, chapter 61, which 
replaces certain provisions in chapter 53, subchapter I, and Part B repeals the provisions 
and sections that are no longer necessary. Part B amends certain provisions in chapter 53, 
subchapter 1, and the subchapter will still be used to establish paternity as required by 
federal law as necessary to determine responsibility for child support. The headnote for 
subchapter 1 is cha~ged to "Paternity. II 
Part C makes changes to Title 4, Title 14, Title 18-A, Title 19-A and Title 22 to 
update cross-references and terminology to be consistent with Title 19-A, chapter 61. 
This amendment retains section 2 of the bill as Part D, which establishes the effective 
date of this legislation as July 1,2016. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05114/15 wac 
LD 1017 
LR 310(02) 
An Act To Update Maine's Family Law 
Fiscal Note for Bill as Amended by Committee Amendment '1lu(S-C;(S~) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR0310(02) - Fiscal Note - Page 1 of 1