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to be the child's parent, either by herself or with another person, | | as provided in sections 1983 and 1984. |
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| | | Maine has no statutes and only one appellate case regarding | | donors, whether of sperm or eggs; yet, cases are being litigated | | in Maine's trial courts with little or no guidance. In | | Guardianship of I.H., 2003 ME 130, the court held that the | | probate court may waive notice to an anonymous sperm donor. In | | so ruling, the court cited Section 702 of the UPA 2000 in its | | analysis of the issue. |
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| | | §1963.__Parentage of child of assisted reproduction |
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| | | A person who provides an egg or sperm for, or consents to, | | assisted reproduction by a woman as provided in section 1964 with | | the intent to be the parent of her child is a parent of the | | resulting child. |
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| | | (This is section 703 of the UPA.) |
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| | | Source: UPA (1973) § 5; USCACA (1988) §§ 1, 3. |
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| | | The father-child relationship is created between a man and the | | resulting child if the man provides sperm for, or consents to, | | assisted reproduction by a woman with the intent to be the parent | | of her child, see § 704, infra. This provision reflects the | | concern for the best interests of nonmarital as well as marital | | children of assisted reproduction demonstrated throughout the | | Act. Given the dramatic increase in the use of ART in the United | | States during the past decade, it is crucial to clarify the | | parentage of all of the children born as a result of modern | | science. |
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| | | The intent of the UPA is to clarify the parentage of all of | | the children born of modern science and without regard to the | | marital status of the parents. Therefore, the Maine version | | establishes that the parent-child relationship is created between | | a person and the resulting child if the person provides sperm or | | egg or consents to assisted reproduction by a woman with the | | intent to be the parent of her child. This provision reflects | | the concern for the best interest of all children of assisted | | reproduction. Given the dramatic increase in the use of ART in | | Maine during the past decade, it is crucial to clarify the | | parentage of every child born as a result of modern science and | | to provide every child in Maine with the opportunity to have as | | parents, without regard to gender, both the birth parent and the |
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