Maine Revised Statutes Title 19-A Sec. 1913 – Admissibility of results of genetic testing; expenses
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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).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1913
- Adjudicated parent: means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832
- Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Genetic testing: includes an analysis of one or a combination of the following:
A. See Maine Revised Statutes Title 19-A Sec. 1832Parent: means an individual who has established parentage that meets the requirements of this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Parentage: means the legal relationship between a child and a parent as established in this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 1832 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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).