LD 1851
pg. 85
Page 84 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 86 of 90
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LR 2675
Item 1

 
The word "stated" has replaced "reasonable" to eliminate the
discretion that would be invoked if courts were charged with
reviewing the reasonableness of the consideration. It is in the
best interest of the child that all consideration be stated, or
set forth, in the agreement, so that the parties are not involved
in lengthy litigation over the amount of the consideration.

 
§1974.__Inspection of records

 
The proceedings, records and identities of the individual
parties to a gestational agreement under this subchapter are
subject to inspection under the standards of confidentiality
applicable to adoptions as provided under other law of this
State.

 
Comment

 
(This is section 804 of the UPA.)

 
The procedures involved in this article are exceptionally
personal, thereby warranting protection from invasions of
privacy. Adoption records provide a suitable model for these
records.

 
§1975.__Exclusive, continuing jurisdiction

 
Subject to the jurisdictional standards of chapter 58,
subchapter 2, the court conducting a proceeding under this
subchapter has exclusive, continuing jurisdiction of all matters
arising out of the gestational agreement until a child born to
the gestational mother during the period governed by the
agreement attains the age of 180 days.

 
Comment

 
(This is section 805 of the UPA.)

 
Source: USCACA § 6(e).

 
This section is designed to minimize the possibility of
parallel litigation in different states and the consequent risk
of childnapping for strategic purposes. The court that validated
the gestational agreement will have authority to enforce the
gestational agreement until the child is 180 days old. Note that
only the parentage issues and enforcement issues are covered;
collateral matters, such as custody, visitation, and child
support are not covered by this Act.

 
Maine Comment


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