LD 986
pg. 76
Page 75 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 77 of 77
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LR 467
Item 1

 
particular child or to determine that a respondent is a parent
of that child.

 
2. Law applied. In a proceeding to determine parentage, a
responding tribunal of this State shall apply the procedural
and substantive laws of this State, including provisions for
blood or tissue-typing tests, and the rules of this State on
choice of law.

 
Uniform Comment

 
(This is Section 616 of the Uniform Act.)

 
This article authorizes a "pure" parentage action in the
interstate context, i.e., an action not joined with a claim
for support. Either the mother or a man alleging himself to be
the father of a child may bring such an action. Typically, an
action to determine parentage across state lines will also
seek to establish a support order under the Act, see Section
401. An action to establish parentage under UIFSA is to be
treated identically to such an action brought in the
responding State. Note that in a departure from the rest of
this Act, the term "tribunal" is replaced by "court." Although
in the several States there are various combinations of
judicial and administrative entities that are authorized to
establish, enforce, and modify child-support orders, the
UNIFORM PARENTAGE ACT (2000) restricts parentage
determinations to "a court," see UPA (2000) Section 104. The
view that only a judicial officer should determine parentage
is based on what the Conference believes is sound public
policy.

 
Sec. 45. 19-A MRSA §3352, sub-§2, as enacted by PL 1995, c. 694, Pt.
B, §2 and affected by Pt. E, §2, is amended to read:

 
2. Criminal charge in another state. If, under this
chapter or a law substantially similar to this chapter, the
Uniform Reciprocal Enforcement of Support Act or the Revised
Uniform Reciprocal Enforcement of Support Act, the governor of
another state makes a demand that the Governor surrender an
individual charged criminally in that state with having failed
to provide for the support of a child or other individual to
whom a duty of support is owed, the Governor may require a
prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be
effective. If it appears that a proceeding would be effective
but has not been initiated, the Governor may delay honoring
the demand for a reasonable
time to permit the initiation of a proceeding.

 
Uniform Comment

 
(This is Section 802 of the Uniform Act.)


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