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release the samples to a state crime laboratory for further | | identification and possible criminal prosecution. |
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| | | The Drafting Committee was informed that in one case, a grand | | jury brought indictments for multiple counts of a scheme to | | defraud, tampering with physical evidence and perjury against the | | alleged father and the imposter. The results of genetic testing | | for paternity purposes appear to have no medical or predictive | | value in any other context. Thus, regulation of the paternity- | | test results is left to the states. In some states, the records | | of paternity proceedings are open, thus allowing anyone to obtain | | the results. A more comprehensive treatment on this subject must | | necessarily be left to other laws. |
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| | | The control of the records is left to other state law. In some | | states paternity records are open to the public, and a | | fundamental change in handling of the records is beyond the scope | | of this Act. The accreditation agencies provide guidance on this | | subject. For example, the American Association of Blood Banks | | requires that accredited laboratories maintain records for at | | least five years. Because a laboratory performing testing under | | this Act should be accredited, see § 503(a), supra, protection is | | thus provided to the tested person's records under the | | accreditation standards. |
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| | | PROCEEDING TO ADJUDICATE PARENTAGE |
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| | | §1921.__Proceeding authorized |
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| | | A civil proceeding may be maintained to adjudicate the | | parentage of a child. The proceeding is governed by the Maine | | Rules of Civil Procedure. |
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| | | (This is section 601 of the UPA.) |
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| | | A determination of paternity is governed by the ordinary rules | | of civil procedure. The party seeking to establish paternity is | | entitled to full discovery, to compel the testimony of all | | witnesses, and to have the case tried by a preponderance of the | | evidence. "The equipoise of the private interests that are |
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