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| Subsection (b) restricts counterclaims in those instances in which | | an initiating state sends a paternity suit to the responding state. | | Because petitioner is "appearing" in the other forum, to permit | | counterclaims would serve as a major deterrent to bringing such | | proceedings. This bar does not prevent a separate action for such | | matters, but there must be independent jurisdiction not arising | | from the petitioner's appearance in the paternity proceeding. |
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| | | The Maine enactment adds guardianship to the list of | | proceedings that may be joined with a proceeding to adjudicate | | parentage. |
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| | | §1930.__Proceeding before birth |
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| | | A proceeding to determine parentage may be commenced before | | the birth of the child, but may not be concluded until after the | | birth of the child. The following actions may be taken before the | | birth of the child: |
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| | | 1.__Service of process.__Service of process; |
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| | | 2.__Discovery.__Discovery; and |
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| | | 3.__Collection of specimens.__Except as prohibited by section | | 1902, collection of specimens for genetic testing. |
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| | | (This is section 611 of the UPA.) |
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| | | This section recognizes that establishing a parental | | relationship as quickly as possible may be in the best interest | | of a child. To facilitate that process, some initial steps may be | | completed prior to the birth of the child. |
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| | | §1931.__Child as party; representation |
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| | | 1.__Permissible but not necessary party.__A minor child is a | | permissible party, but is not a necessary party to a proceeding | | under this subchapter. |
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| | | 2.__Appointment.__The court shall appoint an attorney to | | represent a minor or incapacitated child if the child is a party | | or the court finds that the interests of the child are not | | adequately represented. |
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