LD 1851
pg. 66
Page 65 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 67 of 90
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LR 2675
Item 1

 
1.__Determination binding; signatories, parties.__Except as
otherwise provided in subsection 2, a determination of parentage is
binding on:

 
A.__All signatories to an acknowledgement of paternity or
denial of parentage as provided in subchapter 3; and

 
B.__All parties to an adjudication by a court acting under
circumstances that satisfy the jurisdictional requirements
of section 2961.

 
2.__Determination binding; child.__A child is not bound by a
determination of parentage under this chapter unless:

 
A.__The determination was based on an unrescinded
acknowledgment of paternity and the acknowledgement is
consistent with the results of genetic testing;

 
B.__The adjudication of parentage was based on a finding
consistent with the results of genetic testing and the
consistency is declared in the determination or is otherwise
shown; or

 
C.__The child was a party or was represented in the
proceeding determining parentage by an attorney.

 
3.__Adjudication in proceeding to dissolve marriage.__In a
proceeding to dissolve a marriage, the court is deemed to have
made an adjudication of the parentage of a child if the court
acts under circumstances that satisfy the jurisdictional
requirements of section 2961 and the final order:

 
A.__Expressly identifies a child as a "child of the
marriage" or "issue of the marriage" or by similar words
indicates that the husband is the father of the child; or

 
B.__Provides for support of the child by the husband unless
paternity is specifically disclaimed in the order.

 
4.__Determination a defense.__Except as otherwise provided in
subsection 2, a determination of parentage may be a defense in a
subsequent proceeding seeking to adjudicate parentage by an
individual who was not a party to the earlier proceeding.

 
5.__Challenge to adjudication.__A party to an adjudication of
parentage may challenge the adjudication only under law of this
State relating to appeal, vacation of judgments or other judicial
review.


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