Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-20 - CHILDREN CONCEIVED AND BORN OUT-OF-WEDLOCK

Current through 2024-29, July 17, 2024
For cases in which the child is born out-of-wedlock, the
					 following evidence, if regular on its face, must be made a part of the hearing
					 record and must be considered sufficient to establish that the alleged
					 responsible parent has a duty of support under
					 19-A M.R.S.
					 §1504 and is a responsible parent within
					 the meaning of
					 19-A M.R.S.
					 §§2301 and
					 2304:
A. An original or duplicate original
				  acknowledgment of paternity or similar document whereby the alleged responsible
				  parent acknowledged the paternity of the child.
B. An attested or certified copy of an
				  acknowledgment of paternity or similar document that is issued by the keeper of
				  records where the original or duplicate original acknowledgement or similar
				  document is filed or recorded.
C.
				  An abstract prepared by the Department's Office of Data, Research and Vital
				  Statistics that indicates the alleged responsible parent has acknowledged the
				  paternity of the child and that a copy of the acknowledgement or other similar
				  document is on file with that office. The abstract must contain the full names
				  of the parents and child, the child's date of birth, and the date of
				  acknowledgement.
D. An original or
				  duplicate original document whereby the alleged responsible parent consented to
				  the entry of his name on the child's birth certificate.
E. An attested or certified copy of a
				  document whereby the alleged responsible parent consented to the entry of his
				  name on the child's birth certificate that is issued by the keeper of records
				  where the original or duplicate original document is filed or
				  recorded.
F. An original or
				  duplicate original certificate or affidavit of legitimation executed by the
				  alleged responsible parent.
G. An
				  attested or certified copy of a certificate or affidavit of legitimation that
				  is issued by the keeper of records where the original or duplicate original
				  certificate or affidavit is filed or recorded.
H. An original or duplicate original of the
				  child's birth certificate on which the alleged responsible parent's name is
				  entered as the father, provided that the laws of the state in which the birth
				  certificate is filed or recorded permit the entry of the father's name only if
				  the father executes an acknowledgement of paternity, consents in writing to the
				  entry of his name on the child's birth certificate, executes an affidavit or
				  certificate of legitimation or is presumed to be the father based on the
				  results of genetic testing.
I. An
				  attested or certified copy of the child's birth certificate on which the
				  alleged responsible parent's name is entered as the father that is issued by
				  the keeper of records where the original or duplicate original birth
				  certificate is filed or recorded, provided that the laws of the state in which
				  the birth certificate is filed or recorded permit the entry of the father's
				  name only if the father executes an acknowledgement of paternity, consents in
				  writing to the entry of his name on the child's birth certificate, executes an
				  affidavit or certificate of legitimation or is presumed to be the father based
				  on the results of genetic testing.
J. After July 1, 2016, evidence leading to a
				  finding that the alleged responsible parent resided in the same household with
				  the child and openly held out the child as his or her own from the time the
				  child was born or adopted and for a period of at least two years thereafter,
				  and assumed personal, financial or custodial responsibilities for the child.
The responsible parent may raise affirmative defenses to
					 written evidence of paternity as described in this section only for purposes of
					 preserving the issue for judicial review. An alleged responsible parent is not
					 prohibited from litigating at the hearing a claim that he is not the person who
					 executed the acknowledgement of paternity, written consent or affidavit of
					 legitimation relied on by the Division to establish a child support
					 obligation.