This Act differs from UPA (1973), which attempted to do more than merely establish parentage. For example, UPA (1973) § 15 provided for a wide range of court orders to be made relating to the child's support, custody, guardianship, visitation privileges, as well as to the payment by the father of the mother's expenses of pregnancy and confinement. This Act leaves such matters to other state law. Only in instances where other state law is likely to be inadequate does this Act specify special treatment for litigants, For example, subsections (c) and (d) may be required because ordinary civil litigation probably does not provide for the court to apportion the costs of litigation among the parties.

Maine Comment

This section is gender neutral consistent with other Maine amendments to the UPA.

§1957.__Binding effect of determination of parentage

1.__Determination binding; signatories, parties.__Except as otherwise provided in subsection 2, a determination of parentage is binding on:

A.__All signatories to an acknowledgment of paternity or denial of parentage as provided in subchapter 3; and

B.__All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of section 2961.

2.__Determination binding; child.__A child is not bound by a determination of parentage under this chapter unless:

A.__The determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;

B.__The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or

C.__The child was a party or was represented in the proceeding determining parentage by an attorney.

3.__Adjudication in proceeding to dissolve marriage.__In a proceeding to dissolve a marriage, the court is deemed to have