LD 1851
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Page 45 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 47 of 90
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LR 2675
Item 1

 
release the samples to a state crime laboratory for further
identification and possible criminal prosecution.

 
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.

 
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.

 
SUBCHAPTER 6

 
PROCEEDING TO ADJUDICATE PARENTAGE

 
Article 1

 
Nature of Proceeding

 
§1921.__Proceeding authorized

 
A civil proceeding may be maintained to adjudicate the
parentage of a child. The proceeding is governed by the Maine
Rules of Civil Procedure.

 
Comment

 
(This is section 601 of the UPA.)

 
Source: UPA (1973) § 14.

 
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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