LD 1851
pg. 63
Page 62 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 64 of 90
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LR 2675
Item 1

 
The Maine version is gender neutral consistent with other Maine
amendments to the UPA that recognize the adjudication of parentage.

 
§1952.__Jury prohibited

 
The court, without a jury, shall adjudicate parentage of a
child.

 
Comment

 
(This is section 632 of the UPA.)

 
Source: 42 U.S.C. § 666(a)(5)(I), requiring state law to
provide that "parties to an action to establish paternity are not
entitled to trial by jury . . . ." See Appendix: Federal IV-D
Statute Relating to Parentage, infra.

 
UPA (1973) § 14[(d)] prohibited jury trials in parentage
proceedings on the basis that "The use of a jury is not desirable
in the emotional atmosphere of cases of this nature." Congress
agreed when it enacted an effectively identical prohibition in
PRWORA (1996).

 
Maine Comment

 
This section is gender neutral consistent with other Maine
amendments to the UPA.

 
§1953.__Hearings; inspection of records

 
1.__Close proceeding.__On request of a party and for good
cause shown, the court may close a proceeding under this
subchapter.

 
2.__Public records; consent or order.__A final order in a
proceeding under this subchapter is available for public
inspection. Other papers and records are available only with the
consent of the parties or on order of the court for good cause.

 
Comment

 
(This is section 633 of the UPA.)

 
Source: UPA (1973) § 20.

 
UPA (1973) § 20 was concerned with the privacy of the parties
in a paternity proceeding and required closure of the
proceedings. The high caseload and the desensitizing of such


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