Maine Revised Statutes Title 19-A Sec. 1915 – Adjudication of parentage based on genetic testing; multiple claims of parentage
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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).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1915
- Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832
- Donor: The person who makes a gift.
- Donor: means a person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation, whether or not for consideration. See Maine Revised Statutes Title 19-A Sec. 1832
- 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 Presumed parent: means a person who pursuant to section 1881 is recognized as the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832
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).