§1923.__Parties to proceeding

In addition to the person whose parentage is to be adjudicated, all parents of the child must be joined as parties in a proceeding to adjudicate parentage.

Comment

(This is section 603 of the UPA.)

Source: UPA (1973) § 9.

This section partially follows and partially rejects the UPA (1973) requirements regarding who must be named as parties in a parentage proceeding. First, contra to UPA (1973), the child is not a necessary party. Few states require children as necessary parties. Further, with the widespread use of DNA testing, such a requirement has outlived its usefulness. On the other hand, failure to join a child as a party may later result in a child's successful collateral attack on the original determination of paternity to be filed by the child. This subject is discussed more fully in the comment to § 637, infra.

Second, as far as can be ascertained, no state requires the children born to a woman during marriage to be named as parties in a divorce proceeding. Divorce decrees generally serve as res judicata in the event of a subsequent challenge to the decree's determination of parentage. Id.

Maine Comment

The Maine enactment requires all parents of a child to be joined as parties to a proceeding to adjudicate parentage.

§1924.__Personal jurisdiction

1.__Personal jurisdiction.__An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.

2.__Personal jurisdiction over nonresident.__A court of this State having jurisdiction to adjudicate parentage may exercise