LD 1851
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Page 2 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 4 of 90
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LR 2675
Item 1

 
In brief outline, UPA (2002) is structured as follows: Article
1, General Provisions, adds many new definitions to clarify the
participants in determinations of parentage and adapt the Act to
recent scientific developments. Article 2, Parent-Child
Relationship, will look familiar to past users of UPA (1973)
because it continues a number of the 1973 provisions with little
or no change, while eliminating the ambiguous term "natural" to
describe a genetic parent. Article 3, Voluntary Acknowledgment of
Paternity, is entirely new and is driven by federal mandates that
states provide simplified nonjudicial means to establish
paternity, especially for newborns and young children. Article 4,
Registry of Paternity, is entirely new and incorporates a tightly
integrated registry law to deal with the rights of a man who is
neither an acknowledged, presumed or adjudicated father. A
primary goal of this article is to facilitate adoption
proceedings. Article 5, Genetic Testing, comprehensively covers
that subject in ten separate sections (the 1973 Act had one
section on the subject). Article 6, Proceeding to Adjudicate
Parentage, sets forth the parties to, and the procedures for,
adjudicating parentage and challenging acknowledgments,
presumptions, and judgments. Article 7, Child of Assisted
Reproduction, recodifies USCACA (1988), but applies its
provisions to nonmarital as well as marital children born as a
result of assisted reproductive technologies. The bracketed
Article 8, Gestational Agreement, is based upon USCACA (1988),
but follows only the option that permits enforcement of a
gestational agreement. Moreover, the Act makes a number of
important changes in that option.

 
UPA (1973) contained a number of other substantive provisions,
including those applicable to child support and custody. These
subjects are omitted from UPA (2002) because other state law
adequately provides for them.

 
Finally, Uniform Parentage Act (2002) is consistent with the
provisions of two other uniform acts of great significance,
namely the Uniform Interstate Family Support Act [UIFSA (1996)
and UIFSA (2001)] and the Uniform Child Custody Jurisdiction and
Enforcement Act [UCCJEA (1997)].

 
Sec. 1. 19-A MRSA c. 61 is enacted to read:

 
CHAPTER 61

 
UNIFORM PARENTAGE ACT

 
SUBCHAPTER 1

 
GENERAL PROVISIONS


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