3.__Estoppel.__A proceeding under this section is subject to the application of the principles of estoppel established in section 1928.

Comment

(This is section 609 of the UPA.)

A two-year period is prescribed in § 307 for a challenge in which the acknowledged or adjudicated father mistakenly believed himself to be the genetic father. A similar limitation is prescribed in § 607(a) for an individual who was not a signatory or a party to the earlier determination.

The 2002 amendment adding subsection (c) authorizes the court to deny genetic testing in accordance with the principles enumerated in § 608 in a fact situation in which equity justifies a denial. For example, if there is an untimely challenge by a third party to the paternity of an acknowledged or adjudicated father long after an actual father-child relationship has been formed, the court has discretion to refuse to order genetic testing.

Maine Comment

To be consistent with Sections 1841 and 1844, this section has been amended to delete specific gender references and add gender- neutral language. This amendment makes applicable the time limitations to any adjudicated parent and authorizes a court to exercise its discretion when equity justifies a denial of genetic testing. For example, a court may exercise its discretion when there is an untimely challenge by a third party to the parentage of an adjudicated parent long after an actual parent-child relationship has been formed.

§1930.__Joinder of proceedings

1.__Joinder permitted.__Except as otherwise provided in subsection 2, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation, probate or administration of an estate or other appropriate proceeding.

2.__Joinder not permitted.__A respondent may not join a proceeding described in subsection 1 with a proceeding to adjudicate parentage brought under chapter 67.