The reverse fact situation is also clear; a presumption of paternity may be challenged at any time if the mother and the presumed father were not cohabiting and did not engage in sexual intercourse at the probable time of conception and the presumed father never openly held out the child as his own.

Under the fact circumstances described in subsection (b), nonpaternity of the presumed father is generally assumed by all the parties as a practical matter. It is inappropriate for the law to assume a presumption known by all those concerned to be untrue.

Maine Comment

Consistent with the Maine enactment of section 1844 (§204 of the UPA), this enactment broadens the range of individuals who have the right to challenge the presumption of parentage or to claim parentage of a child who has an existing presumed parent by deleting specific gender references and making the language gender neutral to ensure equal treatment for every child regardless of the circumstances of the parent or parents.

§1928.__Authority to deny motion for genetic testing

1.__Denial of motion for genetic testing.__In a proceeding to adjudicate the parentage of a child having a presumed parent or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child and the presumed parent or acknowledged father if the court determines that:

A.__The conduct of the mother or the presumed parent or acknowledged father estops that party from denying parentage; and

B.__It would be inequitable to disprove the parent-child relationship between the child and the presumed parent or acknowledged father.

2.__Best interest of child; factors.__In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

A.__The length of time between the proceeding to adjudicate parentage and the time that the presumed parent or