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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-5 - GENETIC TESTING

Current through 2024-29, July 17, 2024
A. After July 1,
				  2016, the method and process for genetic testing shall be governed by 19-A
				  M.R.S. Chapter 61, Subchapter 6.
B.
				  An alleged father who files a written denial of paternity within 20 days after
				  service of a Notice of Paternity Proceeding must submit to genetic testing. If
				  an alleged father refuses to submit to genetic testing, the Division may file a
				  record of the proceeding in a court as a paternity proceeding.
C. If the Division receives a written denial
				  of paternity within 20 days after service of a Notice of Paternity Proceeding,
				  it shall schedule genetic testing of the alleged father, the mother, and the
				  child(ren). The Division shall notify the parties by ordinary mail of the date,
				  time, and place of testing, which may be scheduled no earlier than 15 days
				  after the mailing of the Notice, unless by agreement of all interested parties.
				  Notices must be sent to the last known addresses of the parties.
D. If the expert examiner requests that
				  additional samples be obtained from the alleged father, the Division shall
				  notify the alleged father by ordinary mail of the date, time, and place that
				  additional samples will be collected. The collection of additional samples may
				  be scheduled no earlier than 15 days after the mailing of the notice to the
				  alleged father. The Notice must inform the alleged father that failure to
				  provide additional samples constitutes a refusal to submit to genetic testing.
				  The Notice must be sent to the alleged father's last known address.
E. The Division shall send a Notice to
				  reschedule genetic testing to an alleged father who does not appear for
				  scheduled testing. The Notice shall state that if the alleged father does not,
				  within 15 days of the mailing to him of the Notice, request that the Division
				  reschedule testing, his failure to appear constitutes a refusal to submit to
				  genetic testing. If the alleged father requests rescheduling within the time
				  stated, the Division shall reschedule the tests. Rescheduled tests may not be
				  conducted earlier than 15 days after the mailing of the notice to reschedule,
				  except by agreement of all interested parties. The Notice must also state that
				  if the alleged father fails to submit to the rescheduled tests, the failure to
				  submit constitutes a refusal to submit to genetic testing. The Notice shall be
				  sent to the last known address of the alleged father by ordinary
				  mail.
F. If genetic test results
				  show that an alleged father is or may be the genetic father of the child(ren),
				  he must deliver an acknowledgement of paternity to the Division within 15 days
				  after the mailing to him of the test results, or the Division may file a record
				  of the proceeding in a court as a paternity proceeding. The acknowledgement of
				  paternity must be executed in accordance with the laws of the state in which
				  the child(ren) was (were) born.
G.
				  If genetic test results show that an alleged father is not the genetic father
				  of the child(ren), the Division may request a court order that states the
				  alleged father was excluded as the genetic father of the child(ren) by genetic
				  testing.
H. The Department may
				  recoup its costs for genetic testing from alleged fathers who are not excluded
				  by the tests and who are not indigent.
I. If the alleged father submits himself to
				  sample collection and testing for paternity evaluation, alleged father agrees
				  that the samples, or the DNA profile resulting from the test, may be used to
				  determine the paternity of other children in actions unrelated to the one for
				  which DNA is being tested and may be used as evidence in further paternity
				  actions, if the Department has an affirmation alleging he is the father of a
				  child or if the Department commences an action against the alleged father and
				  he fails to participate in testing.
J. After July 1, 2016, in cases where the
				  child was conceived by means of assisted reproduction, a donor is not a parent,
				  except as provided by
				  19-A M.R.S.
				  §1922(2). However, a
				  person who provides gametes for and consents to or a person who consents to
				  assisted reproduction by a woman as provided in
				  19-A M.R.S.
				  §1924 with the intent to be the parent
				  of a resulting child is a parent of the resulting child.