Title 19-A: DOMESTIC RELATIONS

Part 3: PARENTS AND CHILDREN

Chapter 61: MAINE PARENTAGE ACT

Subchapter 1: SHORT TITLE, SCOPE, DEFINITIONS AND GENERAL PROVISIONS

§1844. Binding effect of determination of parentage

1.  Determination binding; signatories and parties.  Except as otherwise provided in subsection 2, a determination of parentage is binding on:  

A. All signatories to an acknowledgment of parentage or denial of parentage as provided in subchapter 3; and   [PL 2021, c. 141, §1 (AMD).]

B. All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of section 2961.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

[PL 2021, c. 141, §1 (AMD).]

2.  Adjudication in divorce, annulment or legal separation proceeding or proceeding to establish parental rights.  In a proceeding for divorce, for legal separation, to annul a marriage or to establish parental rights and responsibilities, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of section 2961 and the final order:  

A. Expressly identifies a child as a "child of the parties" or "issue of the marriage" or by similar words indicates that the parties are the parents of the child; or   [PL 2023, c. 25, §2 (AMD).]

B. Provides for support of the child by the parent or parents.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

[PL 2023, c. 25, §2 (AMD).]

3.  Determination a defense.  Except as otherwise provided in this chapter, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.  

[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

4.  Challenge to adjudication.  A party to an adjudication of parentage may challenge the adjudication only by appeal or in a manner otherwise consistent with the Maine Rules of Civil Procedure.  

[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. 141, §1 (AMD). PL 2023, c. 25, §2 (AMD).