An Act To Update the Maine Parentage Act
Maine Legislature, Session 130, LD 0222
Committee: Judiciary
Sponsors: CARDONE
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

Legislative Document
No. 222
H.P. 157
House of Representatives, January 27, 2021
An Act To Update the Maine Parentage Act
Received by the Clerk of the House on January 25, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Be it enacted by the People of the State of Maine as follows:
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 following persons may sign an acknowledgment of paternity 
with intent parentage to establish paternity. parentage of a child:
1.  Person who gave birth.  A person who gave birth to the child and who is not a 
gestational carrier;
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 person 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  
person 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 person 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:
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 
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.
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 
acknowledgment or denial, as provided in section 1864; and The court proceeding to 
rescind an acknowledgment of parentage or denial of parentage 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 person 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 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 parentage 
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 
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
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 October 1, 2021.
§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
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 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 October 1, 2021.
SUMMARY
This bill 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 bill 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 bill 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.