An Act To Update the Maine Parentage Act”
Maine Legislature, Session 129, LD 1291
Committee Amendment CA_B_H833 (House)
Amends: 19-A MRSA §1844, 19-A MRSA §1851, 19-A MRSA §1861, 19-A MRSA §1862, 19-A MRSA §1863, 19-A MRSA §1864, 19-A MRSA §1865, 19-A MRSA §1866, 19-A MRSA §1867, 19-A MRSA §1868, 19-A MRSA §1869, 19-A MRSA §1870, 19-A MRSA §1871, 19-A MRSA §1872, 19-A MRSA §1924, 19-A MRSA §3016

COMMITTEE AMENDMENT “      ” to H.P. 934, L.D. 1291, Bill, “An Act To 
Update the Maine Parentage Act”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  19-A MRSA §1844, sub-§1, ¶A, as enacted by PL 2015, c. 296, Pt. A, 
§1 and affected by Pt. D, §1, is amended to read:
A.  All signatories to an acknowledgment of paternity parentage or denial of 
parentage as provided in subchapter 3; and
Sec. 2.  19-A MRSA §1851, sub-§3, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
3.  Acknowledgment.  An effective voluntary acknowledgment of paternity 
parentage under subchapter 3;
Sec. 3.  19-A MRSA c. 61, sub-c. 3, headnote is amended to read:
SUBCHAPTER 3
VOLUNTARY ACKNOWLEDGMENT OF PATERNITY PARENTAGE
Sec. 4.  19-A MRSA §1861, as enacted by PL 2015, c. 296, Pt. A, §1 and affected 
by Pt. D, §1, is amended to read:
§1861.  Acknowledgment of paternity parentage
The woman who gives birth to a child and a man, not her spouse, claiming to be the 
genetic father of the child the following persons may sign an acknowledgment of 
paternity with intent parentage to establish paternity. parentage of a child:
1.  Woman who gave birth.  The woman who gave birth to the child and who is not 
a gestational carrier;
Date: 
(Filing No. H-          )
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COMMITTEE AMENDMENT
2.  Alleged genetic parent.  A person who is the alleged genetic parent of the child 
and who is not a donor;
3.  Presumed parent.  A presumed parent of the child pursuant to subchapter 4, 
except that a presumed parent pursuant to section 1881, subsection 3 must meet the 
requirements of that subsection and may not submit an acknowledgment of parentage for 
at least 2 years from the time the child was born or adopted; and
4.  Intended parent.  An intended parent of the child pursuant to subchapter 7.
Sec. 5.  19-A MRSA §1862, as corrected by RR 2015, c. 1, §12, is amended to 
read:
§1862.  Execution of acknowledgment of paternity parentage
1.  Requirements.  An acknowledgment of paternity parentage under section 1861 
must:
A.  Be in a record;
B.  Be signed, or otherwise authenticated, under penalty of perjury by the woman 
giving who gave birth to the child, other than a gestational carrier, and by the man 
person seeking to establish his paternity parentage of the child;
C.  State that:
(1)  There is no other presumed parent of the child or, if there is another 
presumed parent, state that parent's full name; and
(2)  There is no other acknowledged father and no parent, adjudicated parent of 
the child or intended parent pursuant to subchapter 7 other than the woman 
giving who gave birth to the child;
D.  State whether there has been genetic testing and, if so, that the acknowledging 
man's person's claim of paternity parentage is consistent with the results of the 
testing; and
E.  State that the man signing the acknowledgment believes himself to be the 
biological father; and
F.  State that the signatories understand that the acknowledgment is the equivalent of 
a court determination of paternity parentage of the child and that a challenge to the 
acknowledgment is permitted only under limited circumstances and is barred after 2 
years.
2.  Notice.  Before the woman giving birth or alleged father  may sign an 
acknowledgment of paternity an acknowledgment is executed under section 1861, the 
woman giving who gave birth and the putative father acknowledging parent must be 
given oral and written notice of the alternatives to, the legal consequences of and the 
rights and responsibilities that arise from signing the acknowledgment.
3.  Acknowledgment voidable.  An acknowledgment of paternity parentage under 
section 1861 is voidable if it:
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COMMITTEE AMENDMENT
A.  States that another person is a presumed parent, unless a denial of parentage 
signed or otherwise authenticated by the presumed parent is filed with the State 
Registrar of Vital Statistics;
B.  States that another person is an acknowledged father or parent, adjudicated parent 
or intended parent; or
C.  Falsely denies the existence of a presumed parent, acknowledged father or 
adjudicated parent with rights of parentage of the child under this chapter.
4.  Presumed parent.  A man who is a presumed parent under section 1881, 
subsection 3 may sign or otherwise authenticate an acknowledgment of paternity in 
accordance with the requirements of this subchapter.
Sec. 6.  19-A MRSA §1863, first ¶, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
A person presumed to be a parent under section 1881 or an alleged genetic parent 
may execute a denial of parentage only in the limited circumstances set forth in this 
section. A denial of parentage is valid only if:
Sec. 7.  19-A MRSA §1863, sub-§1, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
1.  Acknowledgment.  An acknowledgment of paternity parentage signed or 
otherwise authenticated by another man is filed pursuant to this subchapter;
Sec. 8.  19-A MRSA §1863, sub-§3, ¶A, as enacted by PL 2015, c. 296, Pt. A, §1 
and affected by Pt. D, §1, is amended to read:
A.  Acknowledged paternity parentage, unless the previous acknowledgment has 
been rescinded pursuant to section 1867 or successfully challenged pursuant to 
section 1868; or
Sec. 9.  19-A MRSA §1864, as enacted by PL 2015, c. 296, Pt. A, §1 and affected 
by Pt. D, §1, is amended to read:
§1864.  Filing of an acknowledgment of paternity and related parentage or denial of 
parentage
1.  Acknowledgment and denial.  An acknowledgment of paternity and related 
parentage and denial of parentage under this subchapter must be signed after the birth of 
the child and filed with the State Registrar of Vital Statistics and may be contained in a 
single document or may be signed in counterparts and may be filed separately or 
simultaneously. If the acknowledgment and denial are both necessary, neither is valid 
until both are filed.
2.  Effective date.  Subject to subsection 1, an acknowledgment of paternity 
parentage or denial of parentage takes effect on the date of the birth of the child or on the 
filing of the document with the State Registrar of Vital Statistics, whichever occurs later.
3.  Signed by minor.  An acknowledgment of paternity parentage or denial of 
parentage signed by a minor is valid if it is otherwise in compliance with this chapter.
COMMITTEE AMENDMENT “      ” to H.P. 934, L.D. 1291
COMMITTEE AMENDMENT
Sec. 10.  19-A MRSA §1865, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1865.  Equivalent to adjudication
1.  Acknowledgment.  Except as otherwise provided in sections 1867 and 1868, a 
valid acknowledgment of paternity parentage under section 1861 filed with the State 
Registrar of Vital Statistics is equivalent to an adjudication of parentage of a child and 
confers upon the acknowledged father parent all of the rights and duties of a parent.
2.  Denial.  Except as otherwise provided in section 1867 and section 1868, 
subsection 1, a valid denial of parentage under section 1863 filed with the State Registrar 
of Vital Statistics in conjunction with a valid acknowledgment of paternity parentage 
under section 1861 is equivalent to an adjudication of the nonparentage of the presumed 
parent or alleged genetic parent and discharges the presumed parent or alleged genetic 
parent from all rights and duties of a parent.
Sec. 11.  19-A MRSA §1866, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1866.  No filing fee
The State Registrar of Vital Statistics may not charge a fee for filing an 
acknowledgment of paternity parentage or denial of parentage under section 1864.
Sec. 12.  19-A MRSA §1867, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1867.  Proceeding for rescission
A signatory may rescind an acknowledgment of paternity parentage or denial of 
parentage under this subchapter by commencing a court proceeding to rescind before the 
earlier of: subject to section 1869, subsection 4.
1.  Sixty days after effective date Timing.  Sixty days after the effective date of the 
The court proceeding to rescind an acknowledgment of parentage or denial of parentage, 
as provided in section 1864; and must be commenced before the earlier of:
A.  Sixty days after the effective date of the acknowledgment or denial, as provided 
in section 1864; and
B.  The date of the first hearing, in a court proceeding to which the signatory is a 
party, to adjudicate an issue relating to the child, including a proceeding seeking child 
support.
2.  Date of first hearing.  The date of the first hearing, in a proceeding to which the 
signatory is a party, before a court to adjudicate an issue relating to the child, including a 
proceeding seeking child support.
3.  Notice.  If an acknowledgment of parentage is rescinded under this section, any 
associated denial of parentage becomes invalid, and the Office of Data, Research and 
Vital Statistics shall notify the woman who gave birth to the child and any person who 
signed a denial of parentage of the child that the acknowledgment of parentage has been 
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COMMITTEE AMENDMENT
rescinded.  Failure to give notice required by this section does not affect the validity of 
the rescission.
Sec. 13.  19-A MRSA §1868, as corrected by RR 2015, c. 1, §13, is amended to 
read:
§1868.  Challenge to acknowledgment
1.  Challenge by signatory.  After the period for rescission under section 1867 has 
expired, a signatory of an acknowledgment of paternity parentage or denial of parentage 
may commence a proceeding to challenge the acknowledgment or denial only:
A.  On the basis of fraud, duress, coercion, threat of harm or material mistake of fact; 
and
B.  Within 2 years after the acknowledgment or denial is filed with the State Registrar 
of Vital Statistics.
2.  Challenge by person not a signatory.  If an acknowledgment of paternity 
parentage has been made in accordance with this subchapter, an individual a person who 
is neither the child nor a signatory to the acknowledgment of paternity parentage and who 
seeks to challenge the validity of the acknowledgment and adjudicate parentage must 
commence a proceeding not later than 2 years after the effective date of the 
acknowledgment, as provided in section 1864, unless the individual person did not know 
and could not reasonably have known of the individual's person's potential genetic 
parentage on account of material misrepresentation or concealment, in which case the 
proceeding must be commenced no later than 2 years after discovery.
3.  Burden of proof.  A party challenging an acknowledgment of paternity or denial 
of parentage pursuant to this section has the burden of proof.
4.  Consolidation.  A court proceeding in which the validity of an acknowledgment 
of parentage is challenged may be consolidated with any other pending court actions 
regarding the child.
Sec. 14.  19-A MRSA §1869, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1869.  Procedure for rescission or challenge
1.  Every signatory party.  Every signatory to an acknowledgment of paternity 
parentage and any related denial of parentage under this subchapter must be made a party 
to a proceeding under section 1867 or 1868 to rescind or challenge the acknowledgment 
or denial.
2.  Submission to personal jurisdiction.  For the purpose of rescission of or 
challenge to an acknowledgment of paternity parentage or denial of parentage, a 
signatory submits to personal jurisdiction of this State by signing the acknowledgment or 
denial, effective upon the filing of the document with the State Registrar of Vital 
Statistics pursuant to section 1864.
3.  Suspension of legal responsibilities.  Except for good cause shown, during the 
pendency of a proceeding under section 1867 or 1868 to rescind or challenge an 
acknowledgment of paternity parentage or denial of parentage, the court may not suspend 
COMMITTEE AMENDMENT “      ” to H.P. 934, L.D. 1291
COMMITTEE AMENDMENT
the legal responsibilities of a signatory arising from the acknowledgment, including the 
duty to pay child support.
4.  Proceeding to rescind or challenge.  A proceeding under section 1867 or 1868 to 
rescind or challenge an acknowledgment of paternity parentage or denial of parentage 
must be conducted as a proceeding to adjudicate parentage under subchapter 1.
5.  Amendment to birth record.  At the conclusion of a proceeding under section 
1867 or 1868 to rescind or challenge an acknowledgment of paternity parentage or denial 
of parentage, the court shall order the State Registrar of Vital Statistics to amend the birth 
record of the child, if appropriate.
Sec. 15.  19-A MRSA §1870, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1870.  Ratification not permitted
A court or administrative agency conducting a judicial or administrative proceeding 
may not ratify an unchallenged acknowledgment of paternity parentage under section 
1861.
Sec. 16.  19-A MRSA §1871, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1871.  Forms for acknowledgment and denial of paternity parentage
To facilitate compliance with this subchapter, the State Registrar of Vital Statistics 
shall prescribe forms for the acknowledgment of paternity parentage and the denial of 
parentage.  A valid acknowledgment of paternity parentage or denial of parentage is not 
affected by a later modification of the prescribed form.
Sec. 17.  19-A MRSA §1872, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read:
§1872.  Release of information
The State Registrar of Vital Statistics may release information relating to an 
acknowledgment of paternity parentage under section 1861 as provided in Title 22, 
section 2706.
Sec. 18.  19-A MRSA §1924, sub-§3, as enacted by PL 2015, c. 296, Pt. A, §1 
and affected by Pt. D, §1, is amended to read:
3.  Consent form.  Consent under subsection 1 executed via a consent form adopted 
by the Office of Data, Research and Vital Statistics must be accepted and relied upon for 
purposes of issuing a birth record.  Nothing in this subsection precludes a person from 
filing a voluntary acknowledgment of parentage under subchapter 3.
Sec. 19.  19-A MRSA c. 61, sub-c. 9 is enacted to read:
SUBCHAPTER 9
COMMITTEE AMENDMENT “      ” to H.P. 934, L.D. 1291
COMMITTEE AMENDMENT
INFORMATION ABOUT DONOR
§1951.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings.
1.  Donor.  "Donor" has the same meaning as in section 1832, subsection 5 but does 
not include a person described in section 1922, subsection 2.
2.  Identifying information.  "Identifying information" means:
A.  The full name of a donor;
B.  The date of birth of a donor; and
C.  The permanent and, if different, current address of a donor at the time of 
donation.
3.  Medical history.  "Medical history" means information regarding any:
A.  Present illness of a donor;
B.  Past illness of a donor; and
C.  Social, genetic and family history pertaining to the health of a donor.
§1952.  Applicability
This subchapter applies only to gametes collected on or after September 1, 2020.
§1953.  Collection of information
1.  Collection of information from donor.  A gamete bank or fertility clinic 
operating in this State shall collect from a donor the donor's identifying information and 
medical history at the time of the donation.
2.  Collection of information when gametes from another gamete bank or 
fertility clinic.  A gamete bank or fertility clinic operating in this State pursuant to 
federal law that receives the gametes of a donor collected by another gamete bank or 
fertility clinic shall collect and retain the donor's identifying information, telephone 
number, e-mail address and medical history from the gamete bank or fertility clinic from 
which it received the gametes and shall collect and retain information to identify the 
gamete bank or fertility clinic from which it received the gametes, including the name, 
address, telephone number and e-mail address of that gamete bank or fertility clinic.
3.  Disclosure of collected information.  A gamete bank or fertility clinic operating 
in this State shall disclose the information collected under subsections 1 and 2 as 
provided under section 1955.
§1954.  Declaration regarding identity disclosure
1.  Information to donor; donor declaration.  A gamete bank or fertility clinic 
operating in this State that collects gametes from a donor shall:
A.  Provide the donor with information in a record about the donor's choice regarding 
identity disclosure; and
COMMITTEE AMENDMENT “      ” to H.P. 934, L.D. 1291
COMMITTEE AMENDMENT
B.  Obtain a declaration pursuant to subsection 2 from the donor regarding identity 
disclosure.
2.  Declaration by donor.  A gamete bank or fertility clinic operating in this State 
shall obtain from a donor a signed declaration, attested under oath that either:
A.  States that the donor agrees to disclose the donor's identity to a person conceived 
by assisted reproduction with the donor's gametes on request once the person has 
attained 18 years of age; or
B.  States that the donor does not agree presently to disclose the donor's identity to a 
person conceived by assisted reproduction with the donor's gametes.
3.  Withdrawal of declaration.  A gamete bank or fertility clinic operating in this 
State shall permit a donor who has signed a declaration under subsection 2, paragraph B 
to withdraw the declaration at any time by signing a declaration under subsection 2, 
paragraph A.
§1955.  Disclosure of identifying information and medical history
1.  Identifying information upon request; notify donor.  On request of a person 
conceived by assisted reproduction who has attained 18 years of age, a gamete bank or 
fertility clinic operating in this State that collected, stored or released for use the gametes 
used in the assisted reproduction shall make a good faith effort to provide the person with 
identifying information of the donor who provided the gametes, unless the donor signed 
and did not withdraw a declaration under section 1954, subsection 2, paragraph B.  If the 
donor signed and did not withdraw the declaration under section 1954, subsection 2, 
paragraph B, the gamete bank or fertility clinic shall make a good faith effort to notify the 
donor, who may elect under section 1954, subsection 3 to withdraw the donor's 
declaration.
2.  Nonidentifying medical history upon request.  Regardless of whether a donor 
signed a declaration under section 1954, subsection 2, paragraph B, on request by a 
person conceived by assisted reproduction who has attained 18 years of age or, if the 
person is a minor, by a parent or guardian of the minor, a gamete bank or fertility clinic 
operating in this State that collected the gametes used in the assisted reproduction shall 
make a good faith effort to provide the person or, if the person is a minor, the parent or 
guardian of the minor access to nonidentifying medical history of the donor.
3.  Identification of gamete bank or fertility clinic.  On request of a person 
conceived by assisted reproduction who has attained 18 years of age, a gamete bank or 
fertility clinic operating in this State that received the gametes used in assisted 
reproduction from another gamete bank or fertility clinic shall disclose the name, address, 
telephone number and e-mail address of the gamete bank or fertility clinic from which it 
received the gametes.
§1956.  Record keeping
1.  Identifying information about donor.  A gamete bank or fertility clinic 
operating in this State that collects gametes for use in assisted reproduction shall collect 
and maintain identifying information and medical history about each gamete donor.  The 
gamete bank or fertility clinic shall collect and maintain records of gamete screening and 
COMMITTEE AMENDMENT “      ” to H.P. 934, L.D. 1291
COMMITTEE AMENDMENT
testing and comply with reporting requirements in accordance with federal law and 
applicable laws of this State.
2.  Identifying information about gamete bank or fertility clinic.  A gamete bank 
or fertility clinic operating in this State that receives gametes from another gamete bank 
or fertility clinic shall maintain the name, address, telephone number and e-mail address 
of the gamete bank or fertility clinic from which it received the gametes.
Sec. 20.  19-A MRSA §3016, sub-§10, as enacted by PL 2003, c. 436, §25, is 
amended to read:
10.  Voluntary acknowledgment admissible.  A voluntary acknowledgment of 
paternity parentage, certified as a true copy, is admissible to establish parentage of the 
child.
Sec. 21.  Effective date.  This Act takes effect January 1, 2021.' 
SUMMARY
This amendment is the minority report of the Joint Standing Committee on Judiciary.  
It replaces the bill, which is a concept draft.
The only difference from the majority report is that it retains the terminology of 
"woman" who gave birth rather than making it gender neutral.
This amendment amends the Maine Parentage Act to include 2 provisions that are 
part of the Uniform Parentage Act adopted by the Uniform Law Commission in 2017.
The amendment amends the acknowledgment of paternity provision to broaden the 
process to be an acknowledgment of parentage and allows intended parents participating 
in assisted reproduction, as well as presumed parents, to sign the acknowledgment of 
parentage.  
The amendment adds a new subchapter 9 to the Maine Parentage Act to apply to the 
collection and sharing of information about donors who donate gametes used in assisted 
reproduction.  It requires gamete banks and fertility clinics to collect information from 
donors and requires a donor to sign a declaration allowing the sharing of identifying 
information about the donor or prohibiting the sharing of identifying information about 
the donor.  A person conceived by assisted reproduction who has attained 18 years of age 
or, if the person is a minor, the parent or guardian may request identifying information 
about the donor from the gamete bank or fertility clinic.  If the donor signed a declaration 
prohibiting the sharing of identifying information about the donor, the gamete bank or 
fertility clinic may share only nonidentifying information.  If the donor did not agree to 
the sharing of identifying information, the gamete bank or fertility clinic must make a 
good faith effort to contact the donor, who may then authorize the sharing of the 
information.  Otherwise, the gamete bank or fertility clinic may share the identifying 
information upon request.  The person or, if the person is a minor, the parent or guardian 
may request nonidentifying information about the donor, and the gamete bank or fertility 
clinic is required to make a good faith effort to provide the information.
Approved: 02/24/20
LD 1291
LR 1220(03)
No fiscal impact
An Act To Update the Maine Parentage Act
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: No
Fiscal Note
LR1220(03) - Fiscal Note - Page 1 of 1