LD 1851
pg. 13
Page 12 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 14 of 90
Download Bill Text
LR 2675
Item 1

 
4.__Adjudication of parentage.__An adjudication of parentage;

 
5.__Adoption of child.__Adoption of the child;

 
6.__Consent to assisted reproduction.__Consent to assisted
reproduction by a woman under subchapter 7 that resulted in the
birth of the child; or

 
7.__Adjudication confirming parentage.__An adjudication
confirming the individual as a parent of a child born to the
gestational mother if the agreement was validated under
subchapter 8 or is enforceable under other law.

 
Comment

 
(This is section 201 of the UPA.)

 
Source: UPA (1973), § 4; expanded to include all possible
bases of the parent-child relationship

 
Subsection (b)(5) and bracketed subsections (a)(4) and (b)(6)
reflect the fact that Article 7 provides that both a married and
an unmarried couple are entitled to assisted reproductive
technologies in order to become parents and, if bracketed Article
8 is enacted, to enter into a gestational agreement. If a state
enacts Article 8, Gestational Agreement, the brackets should be
removed. If a state does not enact Article 8, the bracketed
subsections should be omitted.

 
Maine Comment

 
Section 1841 has been amended to delete reference to gender-
specific terms and has been made gender neutral to include all
parent-child relationships. Recent advancements in science make
possible the birth of children through the use of assisted
reproduction and gestational agreements. As a result, new
parent-child relationships are being created and new and
unanticipated issues relating to the parentage of these children
have arisen. Many of Maine's courts are struggling with these
issues now. The UPA is made gender neutral to provide guidance
in the resolution of these new and unanticipated issues and to
ensure equal treatment of every child in Maine regardless of the
circumstances of the child's parent or parents.

 
Accordingly, section 1841 has been reconfigured to reflect
that the Act has been made gender neutral to establish the
parentage of every child born or living in Maine. The parent-
child relationship is created between a person and the resulting
child if the person provides sperm or egg or consents to assisted
reproduction by a woman with the intent to be the


Page 12 of 90 Top of Page Page 14 of 90