reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1766. Enforcement of registered determination

§1766. Enforcement of registered determination
1.  Any relief normally available.
A court of this State may grant any relief normally available under the law of this State to enforce a registered child custody determination made by a court of another state.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.  Recognition and enforcement without modification.
A court of this State shall recognize and enforce, but may not modify, except in accordance with subchapter II, a registered child custody determination of a court of another state.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1767. Simultaneous proceedings

§1767. Simultaneous proceedings
If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter II, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1769. Service of petition and order

§1769. Service of petition and order
Except as otherwise provided in section 1771, the petition and order must be served by any method authorized by the law of this State upon the respondent and any person who has physical custody of the child.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1770. Hearing and order

§1770. Hearing and order
1.  Immediate physical custody of child.
Unless the court issues a temporary emergency order pursuant to section 1748, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
A. The child custody determination has not been registered and confirmed under section 1765 and that:
(1) The issuing court did not have jurisdiction under subchapter II;
(2) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II; or
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 1738, in the proceedings before the court that issued the order for which enforcement is sought; or   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
B. The child custody determination for which enforcement is sought was registered and confirmed under section 1765 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.  Award of fees, costs and expenses.
The court shall award the fees, costs and expenses authorized under section 1772 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
3.  Refusal to answer.
If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
4.  Privilege and immunity may not be invoked.
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1771. Warrant to take physical custody of child

§1771. Warrant to take physical custody of child
1.  Application for warrant.
Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this State.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.  Issuance of warrant; hearing.
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 1768, subsection 2.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
3.  Contents of warrant.
A warrant to take physical custody of a child must:
A. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
B. Direct law enforcement officers to take physical custody of the child immediately; and   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
C. Provide for the placement of the child pending final relief.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
4.  Service of petition, warrant, order.
The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
5.  Enforcement of warrant.
A warrant to take physical custody of a child is enforceable throughout this State. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
6.  Conditions to ensure appearance.
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1772. Costs, fees and expenses

§1772. Costs, fees and expenses
1.  Award to prevailing party; exception.
The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the court finds that special circumstances make the award of these expenses unjust.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.  Award against a state.
The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1773. Recognition and enforcement

§1773. Recognition and enforcement
A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1774. Appeals

§1774. Appeals
An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 1764, the enforcing court may not stay an order enforcing a child custody determination pending appeal.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1775. Role of prosecutor

§1775. Role of prosecutor
1.  Action by prosecutor.
In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child or enforce a child custody determination if there is:
A. An existing child custody determination;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
B. A request to do so from a court in a pending child custody proceeding;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
C. A reasonable belief that a criminal statute has been violated; or   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
D. A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.  Prosecutor acts on behalf of court.
A prosecutor acting under this section acts on behalf of the court and may not represent any party.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1776. Role of law enforcement

§1776. Role of law enforcement
At the request of a prosecutor acting under section 1775, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under section 1775.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 3: ENFORCEMENT › 19-A §1777. Costs and expenses

§1777. Costs and expenses
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under section 1775 or 1776.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 19-A §1781. Application and construction

§1781. Application and construction
In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 19-A §1782. Effective date

§1782. Effective date
This chapter takes effect January 1, 2000.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 19-A §1783. Transitional provision

§1783. Transitional provision
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before January 1, 2000 is governed by the law in effect at the time the motion or other request was made.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 59: VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS › 19-A §1801. Short title

§1801. Short title
This chapter is known and may be cited as the "Grandparents and Great-grandparents Visitation Act."   [PL 2019, c. 197, §1 (AMD).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2019, c. 197, §1 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 59: VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS › 19-A §1802. Definitions

§1802. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
1.  Grandparent.
"Grandparent" is a parent of a child's parent or the parent of the parent of a child's parent. "Grandparent" includes a parent of a child's parent whose parental rights have been terminated pursuant to Title 18‑C, section 9‑204 or Title 22, chapter 1071, subchapter 6, but only until the child's adoption.
[PL 2019, c. 197, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Sufficient existing relationship.
"Sufficient existing relationship" means a relationship involving extraordinary contact between a grandparent and a child, including but not limited to circumstances in which the grandparent has been a primary caregiver and custodian of the child for a significant period of time.
[PL 2017, c. 328, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2015, c. 296, Pt. C, §19 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2017, c. 328, §1 (AMD). PL 2017, c. 402, Pt. C, §37 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 197, §2 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 59: VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS › 19-A §1804. Mediation

§1804. Mediation
The court may refer the parties to mediation at any time after a court determination pursuant to section 1803, subsection 2, paragraph C that the grandparent has standing and may require that the parties have made a good faith effort to mediate the issue before holding a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may order the parties to submit to mediation, dismiss the action or any part of the action, render a decision or judgment by default, assess attorney's fees and costs or impose any other sanction that is appropriate in the circumstances. The court may also impose an appropriate sanction upon a party's failure without good cause to appear for mediation after receiving notice of the scheduled time for mediation.   [PL 2017, c. 328, §5 (AMD).]
An agreement reached by the parties through mediation on an issue must be reduced to writing, signed by the parties and presented to the court for approval as a court order.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2017, c. 328, §5 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 59: VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS › 19-A §1805. Jurisdiction

§1805. Jurisdiction
An action may be commenced in the District Court for the district in which the minor child resides. If a child protective proceeding pursuant to Title 22, chapter 1071 that involves the minor child is pending, the court may consolidate the action filed under this chapter with that child protection proceeding.   [PL 1999, c. 731, Pt. ZZZ, §35 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
An action must be commenced in accordance with the Maine Rules of Civil Procedure. Proceedings under this chapter are governed by the Maine Rules of Civil Procedure.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 731, §ZZZ35 (AMD). PL 1999, c. 731, §ZZZ42 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 59: VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS › 19-A §1806. Other actions

§1806. Other actions
This chapter does not limit a grandparent's ability to file any action not governed by the provisions of this chapter with respect to a child, including but not limited to an action to establish de facto parentage of a child under section 1891, an action for guardianship of a child under Title 18‑C, Article 5 and a child protection petition under Title 22, section 4032, subsection 1, paragraph C.   [RR 2021, c. 2, Pt. A, §39 (COR).]
SECTION HISTORY
PL 2017, c. 328, §6 (NEW). RR 2021, c. 2, Pt. A, §39 (COR).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1831. Short title

§1831. Short title
This chapter may be known and cited as "the Maine Parentage Act."   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1833. Scope and application

§1833. Scope and application
1.  Scope.
This chapter applies to determination of parentage in this State.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Choice of law.
The court shall apply the law of this State to adjudicate parentage. The applicable law does not depend on:
A. The place of birth of the child; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. The past or present residence of the child.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Effect on parental rights.
This chapter does not create, enlarge or diminish parental rights or duties under other laws of this State or the equitable powers of the courts, except as provided in this chapter.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1834. Parentage proceeding

§1834. Parentage proceeding
1.  Proceeding authorized.
A proceeding to adjudicate the parentage of a child may be maintained in accordance with this chapter and applicable rules of procedure.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Original actions.
Original actions to adjudicate parentage may be commenced only in District Court.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Other proceedings.
The District Court and the Probate Court are authorized to adjudicate parentage under this chapter when parentage is an issue in any other pending proceeding.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  No right to jury.
There is no right to demand a jury trial in an action to determine parentage.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
5.  Disclosure of social security numbers.
A person who is a party to a parentage action shall disclose that person's social security number to the court. The social security number of a person subject to a parentage adjudication must be placed in the court records relating to the adjudication. The record of a person's social security number is confidential and is not open to the public. The court shall disclose a person's social security number to the department for child support enforcement purposes.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1835. Standing to maintain proceeding

§1835. Standing to maintain proceeding
Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be maintained by:   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
1.  Child.
The child;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Woman giving birth.
The woman who gave birth to the child;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Person whose parentage to be adjudicated.
A person whose parentage is to be adjudicated;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  Department of Health and Human Services.
The department; or
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
5.  Representative of individual.
A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated or a minor.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1836. Parties to proceeding

§1836. Parties to proceeding
In a proceeding to adjudicate the parentage of a child, all parents of the child must be joined as parties.   [PL 2023, c. 25, §1 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2023, c. 25, §1 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1837. Personal jurisdiction

§1837. Personal jurisdiction
1.  Personal jurisdiction.
An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Personal jurisdiction over nonresident.
A court of this State having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in section 2961 are fulfilled.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Adjudication.
Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1838. Venue

§1838. Venue
Venue for a proceeding to adjudicate parentage is in the county or division in which:   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
1.  Child.
The child resides or is present or, for purposes of subchapter 7 or 8, is or will be born;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Parent.
The parent or intended parent resides;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Respondent.
The respondent resides or is present if the child does not reside in this State;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  Estate proceeding.
A proceeding for probate or administration of the parent or alleged parent's estate has been commenced; or
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
5.  Child protection proceeding.
A child protection proceeding with respect to the child has been commenced.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1839. Joinder of proceedings

§1839. Joinder of proceedings
1.  Joinder permitted.
Except as otherwise provided in subsection 2, a proceeding to adjudicate parentage may be joined with a proceeding for parental rights and responsibilities, child support, child protection, termination of parental rights, child custody or visitation, divorce, annulment, legal separation, guardianship, probate or administration of an estate or other appropriate proceeding or a challenge or rescission of acknowledgment of paternity.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Joinder not permitted.
A respondent may not join a proceeding described in subsection 1 with a proceeding to adjudicate parentage brought as part of an interstate child support enforcement action under chapter 67.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1840. Orders

§1840. Orders
1.  Interim order for support.
In a proceeding under this subchapter, the court may issue an interim order for support of a child in accordance with the child support guidelines under chapter 63 with respect to a person who is:
A. A presumed, acknowledged or adjudicated parent of the child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Petitioning to have parentage adjudicated;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. Identified as the genetic parent through genetic testing under subchapter 6;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. An alleged parent who has declined to submit to genetic testing; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
E. The woman who gave birth to the child.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Interim order for parental rights and responsibilities.
In a proceeding under this subchapter, the court may order an initial allocation of parental rights and responsibilities. The order of the court must provide notice that if either party objects 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. In resolving parental rights and responsibilities issues, the court may not delay entering a determination of parentage and an initial order concerning child support.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Final orders.
Final orders concerning child support or parental rights and responsibilities are governed by chapters 51 and 55, respectively.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1841. Admission of parentage authorized

§1841. Admission of parentage authorized
1.  Admission of parentage.
A respondent in a proceeding to adjudicate parentage may admit to the parentage of a child by filing a pleading to that effect or by admitting parentage under penalty of perjury when making an appearance or during a hearing.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Order adjudicating parentage.
If the court finds that an admission of parentage satisfies the requirements of this section and finds that there is no reason to question the admission, and no other party contests it, the court may issue an order adjudicating the child to be the child of the person admitting parentage.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1842. Order on default

§1842. Order on default
The court may issue an order adjudicating the parentage of a person who is in default, as long as:   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
1.  Served with notice.
The person was served with notice of the proceeding; and
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Found to be parent.
The person is found by the court to be the parent of the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1843. Order adjudicating parentage

§1843. Order adjudicating parentage
1.  Issuance of order.
In a proceeding under this subchapter, the court shall issue a final order adjudicating whether a person alleged or claiming to be a parent is the parent of a child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Identify child.
A final order under subsection 1 must identify the child by name and date of birth.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Change of name.
Title 18‑C, section 1‑701 governs all name changes of minors.
[PL 2021, c. 14, §3 (RPR).]
4.  Amended birth registration.
If the final order under subsection 1 is at variance with the child's birth certificate, the State Registrar of Vital Statistics shall issue an amended birth registration.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 14, §3 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1844. Binding effect of determination of parentage

§1844. Binding effect of determination of parentage
1.  Determination binding; signatories and parties.
Except as otherwise provided in subsection 2, a determination of parentage is binding on:
A. All signatories to an acknowledgment of parentage or denial of parentage as provided in subchapter 3; and   [PL 2021, c. 141, §1 (AMD).]
B. All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of section 2961.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2021, c. 141, §1 (AMD).]
2.  Adjudication in divorce, annulment or legal separation proceeding or proceeding to establish parental rights.
In a proceeding for divorce, for legal separation, to annul a marriage or to establish parental rights and responsibilities, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of section 2961 and the final order:
A. Expressly identifies a child as a "child of the parties" or "issue of the marriage" or by similar words indicates that the parties are the parents of the child; or   [PL 2023, c. 25, §2 (AMD).]
B. Provides for support of the child by the parent or parents.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2023, c. 25, §2 (AMD).]
3.  Determination a defense.
Except as otherwise provided in this chapter, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  Challenge to adjudication.
A party to an adjudication of parentage may challenge the adjudication only by appeal or in a manner otherwise consistent with the Maine Rules of Civil Procedure.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §1 (AMD). PL 2023, c. 25, §2 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS › 19-A §1845. Full faith and credit

§1845. Full faith and credit
A court of this State shall give full faith and credit to a determination of parentage, including but not limited to an acknowledgment of paternity, from another state if the determination is valid and effective in accordance with the law of the other state.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 2: ESTABLISHMENT OF PARENTAGE › 19-A §1851. Establishment of parentage

§1851. Establishment of parentage
Parentage may be established by:   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
1.  Birth.
Giving birth to the child, except as otherwise provided in subchapter 8;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Adoption.
Adoption of the child pursuant to Title 18‑C, Article 9;
[PL 2017, c. 402, Pt. C, §38 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Acknowledgment.
An effective voluntary acknowledgment of parentage under subchapter 3;
[PL 2021, c. 141, §2 (AMD).]
4.  Presumption.
An unrebutted presumption of parentage under subchapter 4;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
5.  De facto parentage.
An adjudication of de facto parentage, under subchapter 5;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
6.  Genetic parentage.
An adjudication of genetic parentage under subchapter 6;
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
7.  Assisted reproduction.
Consent to assisted reproduction under subchapter 7; and
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
8.  Gestational carrier agreement.
Consent to a gestational carrier agreement under subchapter 8 by the intended parent or parents.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2017, c. 402, Pt. C, §38 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 141, §2 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 2: ESTABLISHMENT OF PARENTAGE › 19-A §1852. Nondiscrimination

§1852. Nondiscrimination
Every child has the same rights under law as any other child without regard to the marital status or gender of the parents or the circumstances of the child's birth.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 2: ESTABLISHMENT OF PARENTAGE › 19-A §1853. Consequences of establishment of parentage

§1853. Consequences of establishment of parentage
1.  All purposes.
Unless parental rights are terminated, parentage established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this State.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Preservation of parent-child relationship.
Consistent with the establishment of parentage under this chapter, a court may determine that a child has more than 2 parents.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 2: ESTABLISHMENT OF PARENTAGE › 19-A §1854. Determination of maternity

§1854. Determination of maternity
Provisions of this chapter relating to determination of paternity may apply to determination of maternity as needed to determine parentage consistent with this chapter.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 2: ESTABLISHMENT OF PARENTAGE › 19-A §1855. No limitation on child

§1855. No limitation on child
Nothing in this subchapter limits the right of a child to bring an action to adjudicate parentage.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 3: VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE › 19-A §1861. Acknowledgment of parentage

§1861. Acknowledgment of parentage
The following persons may sign an acknowledgment of parentage to establish parentage of a child:   [PL 2021, c. 141, §4 (AMD).]
1.  Woman who gave birth.
A woman who gave birth to the child and who is not a gestational carrier;
[PL 2021, c. 141, §4 (NEW).]
2.  Alleged genetic parent.
A person who is the alleged genetic parent of the child and who is not a donor;
[PL 2021, c. 141, §4 (NEW).]
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
[PL 2021, c. 141, §4 (NEW).]
4.  Intended parent.
An intended parent of the child pursuant to subchapter 7.
[PL 2021, c. 141, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §4 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 3: VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE › 19-A §1862. Execution of acknowledgment of parentage

§1862. Execution of acknowledgment of parentage
1.  Requirements.
An acknowledgment of parentage under section 1861 must:
A. Be in a record;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Be signed, or otherwise authenticated, under penalty of perjury by the woman who gave birth to the child, other than a gestational carrier, and by the person seeking to establish parentage of the child;   [PL 2021, c. 141, §5 (AMD).]
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 parent, adjudicated parent or intended parent pursuant to subchapter 7 other than the woman who gave birth to the child;   [PL 2021, c. 141, §5 (AMD).]
D. State whether there has been genetic testing and, if so, that the acknowledging person's claim of parentage is consistent with the results of the testing; and   [PL 2021, c. 141, §5 (AMD).]
E. [PL 2021, c. 141, §5 (RP).]
F. State that the signatories understand that the acknowledgment is the equivalent of a court determination of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 2 years.   [PL 2021, c. 141, §5 (AMD).]
[PL 2021, c. 141, §5 (AMD).]
2.  Notice.
Before an acknowledgment is executed under section 1861, the woman who gave birth and the 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.
[PL 2021, c. 141, §5 (AMD).]
3.  Acknowledgment voidable.
An acknowledgment of 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;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. States that another person is an acknowledged parent, adjudicated parent or intended parent; or   [PL 2021, c. 141, §5 (AMD).]
C. Falsely denies the existence of a parent with rights of parentage of the child under this chapter.   [PL 2021, c. 141, §5 (AMD).]
[PL 2021, c. 141, §5 (AMD).]
4.  Presumed parent.
[PL 2021, c. 141, §5 (RP).]
SECTION HISTORY
RR 2015, c. 1, §12 (COR). PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §5 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 3: VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE › 19-A §1863. Denial of parentage

§1863. Denial of parentage
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:   [PL 2021, c. 141, §6 (AMD).]
1.  Acknowledgment.
An acknowledgment of parentage signed or otherwise authenticated is filed pursuant to this subchapter;
[PL 2021, c. 141, §7 (AMD).]
2.  Under penalty of perjury.
The denial is in a record and is signed or otherwise authenticated under penalty of perjury; and
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Person executing.
The person executing the denial has not previously:
A. Acknowledged parentage, unless the previous acknowledgment has been rescinded pursuant to section 1867 or successfully challenged pursuant to section 1868; or   [PL 2021, c. 141, §8 (AMD).]
B. Been adjudicated to be the parent of the child.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2021, c. 141, §8 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §§6-8 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 3: VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE › 19-A §1864. Filing of an acknowledgment of parentage or denial of parentage

§1864. Filing of an acknowledgment of parentage or denial of parentage
1.  Acknowledgment and denial.
An acknowledgment of 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 filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.
[PL 2021, c. 141, §9 (AMD).]
2.  Effective date.
Subject to subsection 1, an acknowledgment of 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.
[PL 2021, c. 141, §9 (AMD).]
3.  Signed by minor.
An acknowledgment of parentage or denial of parentage signed by a minor is valid if it is otherwise in compliance with this chapter.
[PL 2021, c. 141, §9 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §9 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 3: VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE › 19-A §1865. Equivalent to adjudication

§1865. Equivalent to adjudication
1.  Acknowledgment.
Except as otherwise provided in sections 1867 and 1868, a valid acknowledgment of 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 parent all of the rights and duties of a parent.
[PL 2021, c. 141, §10 (AMD).]
2.  Denial.
Except as otherwise provided in sections 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 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.
[PL 2021, c. 141, §10 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §10 (AMD).