Maine Revised Statutes Title 19-A Sec. 1862 – Execution of acknowledgment of parentage
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1. Requirements. An acknowledgment of parentage under section 1861 must:
A. Be in a record; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Be signed, or otherwise authenticated, under penalty of perjury by the woman who gave birth to the child, other than a gestational carrier, and by the person seeking to establish parentage of the child; [PL 2021, c. 141, §5 (AMD).]
C. State that:
(1) There is no other presumed parent of the child or, if there is another presumed parent, state that parent’s full name; and
(2) There is no other acknowledged parent, adjudicated parent or intended parent pursuant to subchapter 7 other than the woman who gave birth to the child; [PL 2021, c. 141, §5 (AMD).]
D. State whether there has been genetic testing and, if so, that the acknowledging person’s claim of parentage is consistent with the results of the testing; and [PL 2021, c. 141, §5 (AMD).]
E. [PL 2021, c. 141, §5 (RP).]
F. State that the signatories understand that the acknowledgment is the equivalent of a court determination of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 2 years. [PL 2021, c. 141, §5 (AMD).]
[PL 2021, c. 141, §5 (AMD).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1862
- 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
- Genetic testing: includes an analysis of one or a combination of the following:
A. See Maine Revised Statutes Title 19-A Sec. 1832Gestational carrier: means an adult woman who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not her own, except that a woman who carries a child for a family member using her own gametes and who fulfills the requirements of subchapter 8 is a gestational carrier. See Maine Revised Statutes Title 19-A Sec. 1832 Intended parent: means a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a gestational carrier agreement. See Maine Revised Statutes Title 19-A Sec. 1832 Parent: 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 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 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
2. Notice. Before an acknowledgment is executed under section 1861, the woman who gave birth and the acknowledging parent must be given oral and written notice of the alternatives to, the legal consequences of and the rights and responsibilities that arise from signing the acknowledgment.
[PL 2021, c. 141, §5 (AMD).]
3. Acknowledgment voidable. An acknowledgment of parentage under section 1861 is voidable if it:
A. States that another person is a presumed parent, unless a denial of parentage signed or otherwise authenticated by the presumed parent is filed with the State Registrar of Vital Statistics; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. States that another person is an acknowledged parent, adjudicated parent or intended parent; or [PL 2021, c. 141, §5 (AMD).]
C. Falsely denies the existence of a parent with rights of parentage of the child under this chapter. [PL 2021, c. 141, §5 (AMD).]
[PL 2021, c. 141, §5 (AMD).]
4. Presumed parent.
[PL 2021, c. 141, §5 (RP).]
SECTION HISTORY
RR 2015, c. 1, §12 (COR). PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §5 (AMD).