| | | This section incorporates the doctrine of paternity by | | estoppel, which extends equally to a child with a presumed father | | or an acknowledged father. In appropriate circumstances, the | | court may deny genetic testing and find the presumed or | | acknowledged father to be the father of the child. The most | | common situation in which estoppel should be applied arises when | | a man knows that a child is not, or may not be, his genetic | | child, but the man has affirmatively accepted his role as child's | | father and both the mother and the child have relied on that | | acceptance. Similarly, the man may have relied on the mother's | | acceptance of him as the child's father and the mother is then | | estopped to deny the man's presumed parentage. |
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| | | Subsection (b) delineates the standards for denying genetic | | testing. Subsection (c) requires the child to be independently | | represented. Subsection (d) requires an elevated standard of | | proof before the order for genetic testing can be denied. |
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| | | Because § 607 places a two-year limitation on challenging the | | presumption of parentage, the application of this section should | | be applied in those meritorious cases in which the best interest | | of the child compels the result and the conduct of the mother and | | presumed or acknowledged father is clear. |
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| | | The Maine version deletes the specific gender references to | | make this section gender neutral consistent with the presumed | | parentage provisions recognized in Sections 1841 and 1844. Thus, | | the court may deny genetic testing and find the presumed parent | | to be the parent of the child when a parent knows that a child is | | not, or may not be, that parent's genetic child, but the parent | | has affirmatively accepted the role as child's parent and both | | the mother and the child have relied on that acceptance. |
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| | | §1929.__Limitation: child having acknowledged father or |
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| | | 1.__Sixty days or 2 years.__If a child has an acknowledged | | father, a signatory to the acknowledgment of paternity or denial | | of parentage may commence a proceeding seeking to rescind the | | acknowledgement or denial or challenge the parentage of the child | | only within the time allowed under section 1857 or 1858. |
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| | | 2.__Two years.__If a child has an acknowledged father or an | | adjudicated parent, an individual, other than the child, who is | | neither a signatory to the acknowledgment of paternity nor a | | party to the adjudication and who seeks an adjudication of | | parentage of the child must commence a proceeding not later than |
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