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 §1912. Authority to deny requested order for genetic testing or admission of test results or to consider other factors when adjudicating parentage

§1912. Authority to deny requested order for genetic testing or admission of test results or to consider other factors when adjudicating parentage
1.  Grounds for denial.
In a proceeding to adjudicate parentage, the court may deny a motion seeking an order for genetic testing or deny admissibility of the test results at trial if the court determines that:
A. The conduct of the parties estops a party from denying parentage; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. It would be an inequitable interference to the relationship between the child and a parent or otherwise contrary to the best interest 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).]
2.  Factors.
In determining whether to deny a motion seeking an order for genetic testing under this chapter or a request for admission of such test results at trial, or in an adjudication of parentage pursuant to section 1882 or 1915, the court shall consider the best interest of the child, including the following factors, if relevant:
A. The length of time between the proceeding to adjudicate parentage and the time that a parent was placed on notice that genetic parentage is at issue;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. The length of time during which the parent has assumed a parental role for the child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. The facts surrounding discovery that genetic parentage is at issue;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. The nature of the relationship between the child and the parent;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
E. The age of the child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
F. Any adverse effect on the child that may result if parentage is successfully disproved;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
G. The nature of the relationship between the child and any alleged parent;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
H. The extent to which the passage of time reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
I. Factors in addition to those in paragraphs A to H, including factors set forth in section 1653, subsection 3, that may affect the equities arising from the disruption of the relationship between the child and the parent or the chance of other adverse effect to the child.   [PL 2021, c. 610, §7 (AMD).]
[PL 2021, c. 610, §7 (AMD).]
3.  Guardian ad litem.
In a proceeding involving the application of this section, a minor or incapacitated child may be represented by a guardian ad litem.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  Order.
In cases involving an acknowledged or presumed parent, if the court denies a motion seeking an order for genetic testing, the court shall issue an order adjudicating the acknowledged or presumed parent 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). PL 2021, c. 610, §§6, 7 (AMD).