Maine Comment

Under this section of the UPA 2002, the genetic parent cannot commence an action to determine parentage after the second anniversary of the acknowledgment or adjudication of another's parentage. The acknowledged or adjudicated parent will remain the legal parent of the child, with the effect of disestablishing the genetic parent. The genetic parent, a person who has been traditionally deemed an important person in the life of a child, is excluded as the legal parent of the child, without considering the best interest of the child. In an effort to reduce the harshness that can accompany the disestablishment of a parent from the life of the child, this enactment rejects the approach of the UPA 2002. Under this enactment, the genetic parent will not be disestablished. The parentage of both the acknowledged or adjudicated parent and the genetic father will be recognized. The court will use the best interests of the child factors and will award and allocate to either or both parents, whichever is appropriate, parental rights and responsibilities, including support. The child will not face the potential harsh result of having a significant person disestablished as a parent without consideration of the child's best interest.

§1929.__Joinder of proceedings

1.__Joinder permitted.__Except as otherwise provided in subsection 2, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation, guardianship, probate or administration of an estate or other appropriate proceeding.

2.__Joinder not permitted.__A respondent may not join a proceeding described in subsection 1 with a proceeding to adjudicate parentage brought under chapter 67.

Comment

(This is section 610 of the UPA.)

Source: UPA (1973) § 8.

Joinder of paternity proceedings with related matters is common, especially when a child support agency seeks to establish paternity and fix child support.