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| For a state to retain the federal child support enforcement | | subsidy, 42 U.S.C. § 666(a)(5)(A)(i) mandates that the states must | | have laws to "permit the establishment of the paternity of a child | | at any time before the child attains 18 years of age." States have | | chosen a wide range of age options: age 18 (20 states), age 19 (6 | | states), age 20 (2 states), age 21 (10 states), age 22 (2 states), | | age 23 (2 states), and no limitation (9 states). Several states | | limit the establishment of parental rights to a shorter period. |
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| | | The new UPA directs that an individual whose parentage has not | | been determined has a civil right to determine his or her own | | parentage, which should not be subject to limitation except when | | an estate has been closed. Accordingly, if the action is | | initiated by the child this section allows a proceeding to | | adjudicate parentage after the child has reached the age of | | majority. Such a proceeding is the exclusive province of the | | child, however. This limitation prohibits the filing of an | | intrusive proceeding by an individual claiming to be a parent of | | an adult child, or by a legal stranger. There appear to be no | | reported problems encountered in states without a statute of | | limitations for such actions. |
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| | | The Maine enactment broadens the range of individuals against | | whom a child whose parentage has not been determined may initiate | | an action by making the language gender neutral to ensure equal | | treatment for every child regardless of the circumstances of the | | parent or parents. |
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| | | §1927.__Limitation: child having presumed parent |
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| | | 1.__Two years after birth.__Except as otherwise provided in | | subsection 2, a proceeding brought by a presumed parent, the | | mother or another individual to adjudicate the parentage of a | | child having a presumed parent must be commenced not later than 2 | | years after the birth of the child. |
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| | | 2.__Anytime.__A proceeding seeking to disprove the parent- | | child relationship between a child and the child's presumed | | parent may be maintained at any time if the court determines | | that: |
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| | | A.__The presumed parent and the mother of the child neither | | cohabited nor engaged in sexual intercourse with each other | | during the probable time of conception; and |
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