Maine Revised Statutes Title 19-A Sec. 1868 – Challenge to acknowledgment
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1. Challenge by signatory. After the period for rescission under section 1867 has expired, a signatory of an acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the acknowledgment or denial only:
A. On the basis of fraud, duress, coercion, threat of harm or material mistake of fact; and [PL 2021, c. 141, §13 (AMD).]
B. Within 2 years after the acknowledgment or denial 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).]
[PL 2021, c. 141, §13 (AMD).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1868
- Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- 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
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Signatory: means an individual who signs a record and is bound by its terms. 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. Challenge by person not a signatory. If an acknowledgment of parentage has been made in accordance with this subchapter, a person who is neither the child nor a signatory to the acknowledgment of parentage and who seeks to challenge the validity of the acknowledgment and adjudicate parentage must commence a proceeding not later than 2 years after the effective date of the acknowledgment, as provided in section 1864, unless the person did not know and could not reasonably have known of the person’s potential parentage on account of material misrepresentation or concealment, in which case the proceeding must be commenced no later than 2 years after discovery.
[PL 2021, c. 141, §13 (AMD).]
3. Burden of proof. A party challenging an acknowledgment of parentage or denial of parentage pursuant to this section has the burden of proof.
[PL 2021, c. 141, §13 (AMD).]
4. Consolidation. A court proceeding in which the validity of an acknowledgment of parentage is challenged may be consolidated with any other pending court actions regarding the child.
[PL 2021, c. 141, §13 (NEW).]
SECTION HISTORY
RR 2015, c. 1, §13 (COR). PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §13 (AMD).