The new UPA directs that an individual whose parentage has not been determined has a civil right to determine his or her own parentage, which should not be subject to limitation except when an estate has been closed. Accordingly, if the action is initiated by the child this section allows a proceeding to adjudicate parentage after the child has reached the age of majority. Such a proceeding is the exclusive province of the child, however. This limitation prohibits the filing of an intrusive proceeding by an individual claiming to be a parent of an adult child, or by a legal stranger. There appear to be no reported problems encountered in states without a statute of limitations for such actions.

Maine Comment

The Maine enactment broadens the range of individuals against whom a child whose parentage has not been determined may initiate an action by making the language gender neutral to ensure equal treatment for every child regardless of the circumstances of the parent or parents.

§1927.__Limitation: child having presumed parent

1.__Not later than 2 years; presumed marital parent.__A proceeding based on genetics to disestablish the parentage of an individual whose parentage is presumed under section 1844, subsection 1, paragraph A, B, C or D must be commenced not later than 2 years after the birth of the child.

2.__Not later than 2 years; presumed nonmarital parent.__A proceeding based on genetics to stop the presumption of parentage under section 1844, subsection 1, paragraph E from arising must be commenced not later than 2 years after the birth of the child.

3.__Later than 2 years.__A proceeding to adjudicate the parentage of a child who has a presumed parent that is commenced later than 2 years after the birth of the child may adjudicate the genetic parentage of the child.__If the individual adjudicated to be the genetic parent of the child is not the presumed parent, the court may not disestablish the presumed parent's parentage, and the court shall determine the parental rights and responsibilities in accordance with section 1653.

4.__Any time.__A proceeding seeking to disprove the parent- child relationship between a child and the child's presumed parent may be maintained at any time if the court determines that: