Sec. 1. 19-A MRSA §1561, sub-§4 is enacted to read:

4.__Testing after judgment.__If the court resolved the question of paternity against the alleged father under section 1558 because the alleged father failed to submit to blood or tissue-typing testing, the court shall make a new determination when the alleged father submits to testing and the results show that the alleged father is not the father of the child.

SUMMARY

Current law allows the court in a paternity action to enter a judgment that an alleged father is the legal father of a child if the alleged father fails, intentionally or unintentionally, to submit to blood or tissue-typing testing. This bill requires a court to make a new paternity determination if, after the court has entered a judgment that the alleged father is the legal father, the alleged father submits to blood or tissue-typing testing and the results show the alleged father is not the father.