Maine Revised Statutes Title 19-A Sec. 1869 – Procedure for rescission or challenge
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1. Every signatory party. Every signatory to an acknowledgment of parentage and denial of parentage under this subchapter must be made a party to a proceeding under section 1867 or 1868 to rescind or challenge the acknowledgment or denial.
[PL 2021, c. 141, §14 (AMD).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1869
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- 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 The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded.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. Submission to personal jurisdiction. For the purpose of rescission of or challenge to an acknowledgment of parentage or denial of parentage, a signatory submits to personal jurisdiction of this State by signing the acknowledgment or denial, effective upon the filing of the document with the State Registrar of Vital Statistics pursuant to section 1864.
[PL 2021, c. 141, §14 (AMD).]
3. Suspension of legal responsibilities. Except for good cause shown, during the pendency of a proceeding under section 1867 or 1868 to rescind or challenge an acknowledgment of parentage or denial of parentage, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
[PL 2021, c. 141, §14 (AMD).]
4. Proceeding to rescind or challenge. A proceeding under section 1867 or 1868 to rescind or challenge an acknowledgment of parentage or denial of parentage must be conducted as a proceeding to adjudicate parentage under subchapter 1.
[PL 2021, c. 141, §14 (AMD).]
5. Amendment to birth record. At the conclusion of a proceeding under section 1867 or 1868 to rescind or challenge an acknowledgment of parentage or denial of parentage, the court shall order the State Registrar of Vital Statistics to amend the birth record of the child, if appropriate.
[PL 2021, c. 141, §14 (AMD).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 141, §14 (AMD).