| | | B.__The past or present residence of the child. |
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| | | 3.__Effect on parental rights.__This chapter does not create, | | enlarge or diminish parental rights or duties under other law of | | this State. |
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| | | (This is section 103 of the UPA.) |
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| | | The new UPA conforms to the requirement of 42 U.S.C. § | | 666(a)(5)(A), that a state must provide that parentage | | proceedings be available at any time before a child attains 18 | | years of age or suffer the potential penalty of forfeiture of the | | federal funds that subsidize child support enforcement by the | | state, see Appendix: Federal IV-D Statute Relating to Parentage, | | infra. |
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| | | Subsection (a) was amended in 2002 in response to objections | | that the phrase "governs every determination of parentage" was | | excessively broad and could conflict with other state laws, such | | as those governing probate issues. |
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| | | Subsection (b) is derived from the UIFSA (1996) § 303 and UPA | | (1973) § 8(b). This section simplifies choice of law principles; | | the local court is directed to apply local law. If in fact this | | state is an inappropriate forum, dismissal for forum non- | | conveniens may be appropriate. |
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| | | Subsection (d) is bracketed. If a state enacts Article 8, | | Gestational Agreement, this subsection should be omitted. If a | | state does not enact Article 8, this subsection should be | | included to make clear that this Act does not affect other law of | | the jurisdiction on the subject, if any. The 2002 amendment | | employs consistent language in order to treat married and | | unmarried couples alike with regard to parentage issues, and | | reflects the terminology in Articles 2, 7, and bracketed Article | | 8. |
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| | | Subsection (d) is deleted because Article 8 is included in | | this chapter. |
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| | | §1834.__Court of this State |
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| | | The District Court is authorized to adjudicate parentage under | | this chapter. |
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