reglab/statecodes huggingface dataset:
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 §1866. No filing fee

§1866. No filing fee
The State Registrar of Vital Statistics may not charge a fee for filing an acknowledgment of parentage or denial of parentage.   [PL 2021, c. 141, §11 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §11 (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 §1867. Proceeding for rescission

§1867. Proceeding for rescission
A signatory may rescind an acknowledgment of parentage or denial of parentage under this subchapter by commencing a court proceeding subject to section 1869, subsection 4.   [PL 2021, c. 141, §12 (AMD).]
1.  Timing.
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   [PL 2021, c. 141, §12 (NEW).]
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.   [PL 2021, c. 141, §12 (NEW).]
[PL 2021, c. 141, §12 (AMD).]
2.  Date of first hearing.
[PL 2021, c. 141, §12 (RP).]
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If an acknowledgment of parentage is rescinded under this section, any associated denial of parentage becomes invalid, and the Office of Data, Research and Vital Statistics shall notify the woman who gave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to the child and any person who signed a denial of parentage of the child that the acknowledgment of parentage has been rescinded. Failure to give notice required by this section does not affect the validity of the rescission.
[PL 2021, c. 141, §12 (NEW).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §12 (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 §1868. Challenge to acknowledgment

§1868. Challenge to acknowledgment
1.  Challenge by signatory.
After the period for rescission under section 1867 has expired, a signatory of an acknowledgment of 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   [PL 2021, c. 141, §13 (AMD).]
B. Within 2 years after the acknowledgment or denial 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).]
[PL 2021, c. 141, §13 (AMD).]
2.  Challenge by person not a signatory.
If an acknowledgment of parentage has been made in accordance with this subchapter, a person who is neither the child nor a signatory to the acknowledgment of 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 person did not know and could not reasonably have known of the person's potential parentage on account of material misrepresentation or concealment, in which case the proceeding must be commenced no later than 2 years after discovery.
[PL 2021, c. 141, §13 (AMD).]
3.  Burden of proof.
A party challenging an acknowledgment of parentage or denial of parentage pursuant to this section has the burden of proof.
[PL 2021, c. 141, §13 (AMD).]
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.
[PL 2021, c. 141, §13 (NEW).]
SECTION HISTORY
RR 2015, c. 1, §13 (COR). PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §13 (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 §1869. Procedure for rescission or challenge

§1869. Procedure for rescission or challenge
1.  Every signatory party.
Every signatory to an acknowledgment of parentage and 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.
[PL 2021, c. 141, §14 (AMD).]
2.  Submission to personal jurisdiction.
For the purpose of rescission of or challenge to an acknowledgment of 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.
[PL 2021, c. 141, §14 (AMD).]
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 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.
[PL 2021, c. 141, §14 (AMD).]
4.  Proceeding to rescind or challenge.
A proceeding under section 1867 or 1868 to rescind or challenge an acknowledgment of parentage or denial of parentage must be conducted as a proceeding to adjudicate parentage under subchapter 1.
[PL 2021, c. 141, §14 (AMD).]
5.  Amendment to birth record.
At the conclusion of a proceeding under section 1867 or 1868 to rescind or challenge an acknowledgment of 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.
[PL 2021, c. 141, §14 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §14 (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 §1870. Ratification not permitted

§1870. Ratification not permitted
A court or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged acknowledgment of parentage under section 1861.   [PL 2021, c. 141, §15 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §15 (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 §1871. Forms for acknowledgment and denial of parentage

§1871. Forms for acknowledgment and denial of parentage
To facilitate compliance with this subchapter, the State Registrar of Vital Statistics shall prescribe forms for the acknowledgment of parentage and the denial of parentage. A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the prescribed form.   [PL 2021, c. 141, §16 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §16 (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 §1872. Release of information

§1872. Release of information
The State Registrar of Vital Statistics may release information relating to an acknowledgment of parentage under section 1861 as provided in Title 22, section 2706.   [PL 2021, c. 141, §17 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §17 (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 §1873. Adoption of rules

§1873. Adoption of rules
The State Registrar of Vital Statistics may adopt rules to implement this subchapter. Rules adopted pursuant to this section are routine technical rules for the purposes of Title 5, chapter 375, subchapter 2‑A.   [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 4: PRESUMED PARENTAGE › 19-A §1881. Presumption of parentage

§1881. Presumption of parentage
1.  Marital presumption established.
A person is presumed to be the parent of a child if:
A. The person and the woman giving birth to the child are married to each other and the child is born during the marriage;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. The person and the woman giving birth to the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, divorce or declaration of invalidity or after a decree of separation; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. Before the birth of the child, the person and the woman giving birth to the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, divorce or declaration of invalidity or after a decree of separation.   [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.  Equivalent status in other jurisdictions.
The marital presumption in subsection 1 applies to a legal relationship that provides substantially the same rights, benefits and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Nonmarital presumption established.
A person is presumed to be a parent of a child if the person resided in the same household with the child and openly held out the child as that person's own from the time the child was born or adopted and for a period of at least 2 years thereafter and assumed personal, financial or custodial responsibilities for the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  Rebuttal or challenge of presumption.
A presumption established under this subchapter may be rebutted or challenged only by a court determination of parentage pursuant to section 1882 or a valid denial of parentage under subchapter 3.
[PL 2021, c. 610, §2 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 610, §2 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 4: PRESUMED PARENTAGE › 19-A §1882. Challenge to presumption of parentage

§1882. Challenge to presumption of parentage
1.  Two-year limitation.
Except as provided in subsection 2, a proceeding to challenge the parentage of an individual whose parentage is presumed under section 1881 must be commenced not later than 2 years after the birth of the child; otherwise the presumption cannot be rebutted. If such a proceeding is commenced within 2 years by a presumed parent, by the woman who gave birth to the child or by a 3rd party with a claim of parentage, the following apply.
A. If the presumed parent is also identified under section 1904 as a genetic parent of the child, the court shall adjudicate the presumed parent to be a parent of the child.   [PL 2021, c. 610, §3 (NEW).]
B. If the presumed parent is not identified under section 1904 as a genetic parent of the child and the genetic parent is not a donor under section 1922, the court shall adjudicate the parentage of the child in accordance with the factors in section 1912, subsection 2, consistent with section 1901, subsection 2, section 1915, subsection 2 and this chapter. Challenges regarding the parentage of a child conceived through assisted reproduction must be resolved under subchapter 7.   [PL 2021, c. 610, §3 (NEW).]
[PL 2021, c. 610, §3 (AMD).]
2.  Later than 2 years.
A proceeding to challenge the parentage of an individual whose parentage is presumed under section 1881 may not be commenced, and the presumption of parentage under section 1881 cannot be rebutted, more than 2 years after the birth of the child except in the following situations.
A. A presumed parent under section 1881, subsection 1 who is not the genetic parent of a child and who could not reasonably have known about the birth of the child may commence a proceeding under this subsection within 2 years after learning of the child's birth.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. An alleged genetic parent who did not know of the potential genetic parentage of a child, and who could not reasonably have known on account of material misrepresentation or concealment, may commence a proceeding under this subsection within 2 years after discovering the potential genetic parentage. If the individual is adjudicated to be the genetic parent of the child, the court may not disestablish a presumed parent and, consistent with section 1853, subsection 2, the court shall determine parental rights and responsibilities of the parents in accordance with section 1653.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. The woman who gave birth or a presumed parent under section 1881, subsection 3 disputing the validity of the presumption may commence a proceeding under this subsection at any time.   [PL 2021, c. 610, §3 (AMD).]
[PL 2021, c. 610, §3 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 610, §3 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 4: PRESUMED PARENTAGE › 19-A §1883. Multiple presumptions

§1883. Multiple presumptions
If 2 or more conflicting presumptions arise under this subchapter, the court shall adjudicate parentage and determine parental rights and responsibilities in accordance with section 1653.   [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 6: GENETIC PARENTAGE › 19-A §1901. Scope of subchapter

§1901. Scope of subchapter
1.  Scope.
This subchapter governs procedures and requirements of genetic testing and genetic testing results of an individual to determine parentage and adjudication of parentage based on genetic testing, whether the individual voluntarily submits to testing or is tested pursuant to an order of the court or the department.
[PL 2021, c. 610, §4 (NEW).]
2.  Genetic testing.
Genetic testing may not be used to challenge the parentage of a person who is a parent by operation of law under subchapter 7 or 8 or to establish the parentage of a person who is a donor.
[PL 2021, c. 610, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 610, §4 (RPR).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 6: GENETIC PARENTAGE › 19-A §1902. Requirements for genetic testing

§1902. Requirements for genetic testing
1.  Type of genetic testing.
Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
A. A national association of blood banks approved by the department; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. An accrediting body designated by the federal Secretary of Health and Human Services.   [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.  Specimen.
A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Selection of databases; objections.
Based on the genetic population group of an individual, a testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of genetic parentage. If there is disagreement as to the testing laboratory's choice, the following provisions apply.
A. The court, upon motion, may require the testing laboratory, prior to adjudication, to recalculate the test results using a different database for genetic population groups from that used by the laboratory.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. The individual objecting to the testing laboratory's initial choice shall:
(1) If the frequencies are not available to the testing laboratory for the genetic population groups requested, provide the requested frequencies compiled in a manner recognized by an accrediting body under subsection 1; or
(2) Engage another accredited testing laboratory to perform the calculations.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. The testing laboratory may use its own statistical estimate if there is a question regarding which database for genetic population groups is appropriate. The testing laboratory shall calculate the frequencies using statistics, if available, for any other database requested.   [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).]
4.  Additional genetic testing.
If, after recalculation under subsection 3 using a different database for genetic population groups, genetic testing does not rebuttably identify the genetic parent of a child under section 1904, an individual who has been tested may be required to submit to additional genetic testing.
[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 6: GENETIC PARENTAGE › 19-A §1903. Report of genetic testing

§1903. Report of genetic testing
1.  Report; self-authenticating.
A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this subchapter is self-authenticating.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Documentation.
Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
A. The names and photographs of the individuals whose specimens have been taken;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. The names of the individuals who collected the specimens;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. The places and dates the specimens were collected;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. The names of the individuals who received the specimens in the testing laboratory; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
E. The dates the specimens were received.   [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).]
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 6: GENETIC PARENTAGE › 19-A §1904. Genetic testing results

§1904. Genetic testing results
1.  Results identify as genetic parent.
Under this chapter, a person is rebuttably identified as the genetic parent of a child if the genetic testing of the person complies with this subchapter and the results disclose:
A. In the case of paternity:
(1) That the man has at least a 99% probability of paternity, using a prior probability of 0.50, as calculated by using the paternity index obtained in the testing; and
(2) A paternity index of at least 100 to 1; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. In the case of maternity:
(1) That the woman has at least a 99% probability of maternity, using a prior probability of at least 0.50, as calculated by using the maternity index obtained in the testing; and
(2) A maternity index of at least 100 to 1.   [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.  Identification of genetic parent.
Identification of a genetic parent through genetic testing does not establish parentage absent adjudication under this chapter.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Rebuttal.
A person identified under subsection 1 as the genetic father or genetic mother of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this subchapter that:
A. Excludes the person as a genetic father or genetic mother of the child; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. In the case of a genetic father, identifies another man as the possible genetic father of the child or, in the case of a genetic mother, identifies another woman as the possible genetic mother 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).]
4.  Further genetic testing.
Except as otherwise provided in section 1909, if more than one person is identified by genetic testing as the possible genetic father or genetic mother of the child, the court shall order them to submit to further genetic testing to identify the sole genetic father or genetic mother.
[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 6: GENETIC PARENTAGE › 19-A §1905. Costs of genetic testing

§1905. Costs of genetic testing
1.  Payment for the costs advanced.
The payment for the costs, if any, of initial genetic testing must be advanced:
A. By the department in a proceeding in which the department is providing services;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. By the individual who made the request;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. As agreed by the parties; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. As ordered by the court.   [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.  Reimbursement.
In cases in which the payment for the costs of initial genetic testing is advanced pursuant to subsection 1, paragraph A, the department may seek reimbursement from a person who is rebuttably identified through the genetic testing as the genetic father or genetic mother.
[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 6: GENETIC PARENTAGE › 19-A §1906. Additional genetic testing

§1906. Additional genetic testing
The court shall order additional genetic testing upon the request of a party who contests the result of the initial testing. If the initial genetic testing identified a person as the genetic father or genetic mother of the child under section 1904, the court or agency may not order additional testing unless the party provides advance payment for the testing.   [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 6: GENETIC PARENTAGE › 19-A §1907. Genetic testing when specimens not available

§1907. Genetic testing when specimens not available
1.  Specimen not available; submission of specimens.
Subject to subsection 2, if a genetic testing specimen is not available from a person who may be the genetic father or genetic mother of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:
A. The parents of the person;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Brothers and sisters of the person;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. Other children of the person and their mothers; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. Relatives of the person necessary to complete genetic testing.   [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.  Finding required.
Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
[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 6: GENETIC PARENTAGE › 19-A §1908. Deceased person

§1908. Deceased person
For good cause shown, the court may order genetic testing of a deceased person.   [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 6: GENETIC PARENTAGE › 19-A §1909. Identical sibling

§1909. Identical sibling
1.  Genetic testing of sibling.
The court may order genetic testing of a sibling of a person if the person is commonly believed to have an identical sibling and evidence suggests that the sibling may be the genetic father or genetic mother of the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Nongenetic evidence.
If a person and a sibling of the person tested pursuant to subsection 1 satisfy the requirements as the identified genetic father or genetic mother of the child under section 1904 without consideration of another identical sibling being identified as the genetic father or genetic mother of the child, the court may rely on nongenetic evidence to adjudicate parentage under 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 6: GENETIC PARENTAGE › 19-A §1910. Confidentiality of genetic testing

§1910. Confidentiality of genetic testing
1.  Release of report.
A report of genetic testing for parentage is confidential and may not be released except as provided in this subchapter.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Intentional release of identifiable specimen.
An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to a proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class E crime.
[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 6: GENETIC PARENTAGE › 19-A §1911. Court order for testing

§1911. Court order for testing
1.  Order to submit to genetic testing.
Except as provided in section 1912 or as otherwise provided in this chapter, the court may order a child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to a proceeding setting forth a reasonable, good faith basis for alleging or denying genetic parentage.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Presumption of genetic maternity.
Genetic testing of the woman who gave birth to a child is not required and may not be ordered to prove that she is the genetic mother, unless there is a reasonable, good faith basis to dispute genetic maternity.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  No presumed, acknowledged or adjudicated parent.
A child support enforcement agency may seek an order for genetic testing only if there is no presumed parent, acknowledged parent, adjudicated parent or intended parent who consented to assisted reproduction pursuant to this chapter. Genetic testing may not be ordered if the person who is the subject of the request for order is a donor.
[PL 2021, c. 610, §5 (AMD).]
4.  In utero testing.
If a request for genetic testing of a child is made before birth, the court may not order in utero testing.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
5.  Concurrent or sequential testing.
If 2 or more individuals are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
[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. 610, §5 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 6: GENETIC PARENTAGE › 19-A §1913. Admissibility of results of genetic testing; expenses

§1913. Admissibility of results of genetic testing; expenses
1.  Record admissible; objection.
Except as otherwise provided in subsection 3, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
A. Voluntarily or pursuant to an order of the court; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Before or after the commencement of the proceeding.   [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.  Testimony of experts.
A party objecting to the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert's testifying.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Results inadmissible; exceptions.
If a child has a presumed parent, acknowledged parent or adjudicated parent, the results of genetic testing are admissible to adjudicate parentage only:
A. With the consent of each person who is a parent of the child under this chapter, unless the court otherwise orders under section 1912; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Pursuant to an order of the court under section 1911.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2021, c. 610, §8 (AMD).]
4.  Copies of bills and records as evidence.
Copies of bills and records of expenses paid for prenatal care, childbirth, postnatal care and genetic testing are admissible as evidence without requiring 3rd-party foundation testimony and are prima facie evidence of amounts incurred for those expenses or testing on behalf 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). PL 2021, c. 610, §8 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 6: GENETIC PARENTAGE › 19-A §1914. Consequences of declining genetic testing

§1914. Consequences of declining genetic testing
1.  Adjudication contrary to position.
If an individual whose paternity is being determined under this chapter declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Testing of woman giving birth; unavailable or declines.
Genetic testing of the woman who gave birth to a child is not a condition precedent to testing the child and a man whose paternity is being determined under this chapter. If the woman who gave birth is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every person whose genetic parentage is being adjudicated.
[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 6: GENETIC PARENTAGE › 19-A §1915. Adjudication of parentage based on genetic testing; multiple claims of parentage

§1915. Adjudication of parentage based on genetic testing; multiple claims of parentage
1.  Parentage based on genetic testing.
If the court adjudicates parentage based on genetic testing, the following apply.
A. Unless the results of genetic testing are admitted to rebut other results of genetic testing:
(1) If genetic testing results pursuant to section 1904 exclude a person as the genetic parent of a child, the court shall find that person is not a genetic parent of the child and may not adjudicate the person as the child's parent on the basis of genetic testing; and
(2) If genetic testing results pursuant to section 1904 identify a person as the genetic parent of a child, the court may adjudicate the person as the child's parent, unless otherwise provided by this chapter.   [PL 2021, c. 610, §10 (AMD).]
B. If the court finds that genetic testing under section 1904 neither identifies nor excludes a person as the genetic parent of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of parentage.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2021, c. 610, §10 (AMD).]
1-A.  Adjudication of multiple claims of parentage.
In a proceeding to adjudicate parentage based on a claim of, or challenge by, a genetic parent who is not a donor or involving a genetic parent who is not a donor that also involves a challenge to an acknowledged parent under subchapter 3 or a presumed parent under subchapter 4, the court shall adjudicate parentage based on the factors set forth in section 1912, subsection 2.
[PL 2021, c. 610, §11 (NEW).]
2.  Inadmissible evidence.
Testimony relating to sexual relations or possible sexual relations of the woman giving birth at a time other than the probable time of conception of the child is inadmissible in evidence.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Adjudication consistent with this chapter.
An adjudication of parentage based on genetic testing is subject to the requirements and limitations of 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). PL 2021, c. 610, §§9-11 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1921. Scope of subchapter

§1921. Scope of subchapter
This subchapter does not apply to the birth of a child conceived by means other than assisted reproduction.   [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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1922. Parental status of donor

§1922. Parental status of donor
1.  Donor not a parent.
A donor is not a parent of a child conceived through assisted reproduction.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Exceptions.
Notwithstanding subsection 1:
A. A person who provides a gamete or gametes or an embryo or embryos to be used for assisted reproduction for the person's spouse is a parent of the resulting child; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. A person who provides a gamete or gametes or an embryo or embryos for assisted reproduction is a parent of the resulting child if the person has a written agreement or agreements with the person giving birth and any intended parent that the person will be a parent.   [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).]
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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1923. Parentage of child of assisted reproduction

§1923. Parentage of child of assisted reproduction
A person who provides gametes for and consents to or a person who consents to assisted reproduction by a woman as provided in section 1924 with the intent to be the parent of a resulting child is a parent of the resulting 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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1924. Consent to assisted reproduction

§1924. Consent to assisted reproduction
1.  Written consent.
Consent by a person who intends to be a parent of a child born through assisted reproduction must be set forth in a signed record that is executed by each intended parent and provides that the signatories consent to use of assisted reproduction to conceive a child with the intent to parent the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Lack of written consent; parentage.
Failure of a person to sign a consent required by subsection 1 before or after birth of the child does not preclude a finding of parentage:
A. If consent can be proved by other means and the consenting individual resided with the child after birth and undertook to develop a parental relationship with the child; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. As provided in this chapter.   [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.  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.
[PL 2021, c. 141, §18 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §18 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1925. Challenge by spouse to consent

§1925. Challenge by spouse to consent
1.  Challenge by spouse to consent.
The spouse of a person who gives birth to a child through assisted reproduction may challenge the spouse's own parentage of the child only if:
A. The spouse did not provide gametes or embryos for the assisted reproduction;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. The spouse did not before or after the birth of the child consent to the assisted reproduction by the person who gave birth;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. The spouse and the person who gave birth to the child have not cohabitated since the time of the child's birth; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. The spouse did not openly hold out the child as the spouse's own.   [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).]
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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1926. Effect of dissolution of marriage or withdrawal of consent

§1926. Effect of dissolution of marriage or withdrawal of consent
1.  Dissolution of marriage prior to transfer or implantation.
If a marriage is dissolved before transfer or implantation of gametes or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record with notice to the other spouse and the woman giving birth that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Withdrawal of consent prior to transfer or implantation.
The consent of a person to assisted reproduction under section 1924 may be withdrawn by that person in a signed record with notice to the person giving birth and any other intended parent before transfer or implantation of gametes or embryos. A person who withdraws consent under this subsection is not a parent of the resulting 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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1927. Parent status of deceased person

§1927. Parent status of deceased person
If a person who consented in a signed record under section 1924 to be a parent by assisted reproduction dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of the resulting child unless the deceased person consented in a signed record that, if assisted reproduction were to occur after death, the deceased person would be a 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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1928. Birth orders

§1928. Birth orders
1.  Proceeding for birth order.
Before or after the birth of the resulting child, a party consenting to assisted reproduction, a person who has a written agreement to be a parent pursuant to section 1922, subsection 2, paragraph B, the intended parent or parents or the person giving birth may commence a proceeding in District Court to obtain an order:
A. Declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Sealing the record from the public to protect the privacy of the child and the parties; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. For any relief that the court determines necessary and proper.   [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.  State not a necessary party.
Neither this State nor the State Registrar of Vital Statistics is a necessary party to a proceeding under subsection 1.
[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 7: PARENTAGE BY ASSISTED REPRODUCTION › 19-A §1929. Laboratory error

§1929. Laboratory error
If due to a laboratory error the resulting child is not genetically related to either of the intended parents, the intended parents are the parents of the child unless otherwise determined by the court.   [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).