LD 1851
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Page 8 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 10 of 90
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LR 2675
Item 1

 
situation in which a woman gives birth to a child pursuant to a
gestational agreement validated under Article 8. If Article 8 is
not enacted, this definition should be omitted from the Act. The
2002 amendment providing that the gestational mother must be an
adult corrects a drafting oversight.

 
A 2002 amendment deleted former subsection (12), "intended
parents," as adopted in UPA 2000. That term is now employed
exclusively in bracketed Article 8, and thus is no longer
appropriate as a definition for the Act.

 
Subsection (14), "parent-child relationship," is derived from
UPA (1973) § 1. A wide variety of the rights and duties flowing
to and from parents and children are found in many other laws of
this state.

 
Subsection (15), "paternity index," defines a complex
scientific and mathematical concept. Note that the definition
includes statistical measures of the mother and tested man. The
tested man may be an alleged father, or any other potential
biological father. In fact, under appropriate circumstances
Article 5 provides for testing without samples from the mother or
the alleged father. In these cases the expert statistically
reconstructs the missing potential mother or biological father
from genetic testing of samples from their relatives. Therefore
the definition is correct even in cases involving a missing
parent.

 
Subsection (18) is derived from the Uniform Electronic
Transactions Act § 102(13), which establishes a standard for
either paper or electronic record keeping.

 
Maine Comment

 
Specific gender references have been removed from several
definitions consistent with other Maine amendments that make the
UPA gender neutral and ensure equal treatment for every child
regardless of the circumstances of the parent or parents.

 
§1833. Scope of chapter; choice of law

 
1.__Scope.__This chapter applies to determination of parentage
in this State.

 
2.__Application.__The court shall apply the law of this State
to adjudicate the parent-child relationship. The applicable law
does not depend on:

 
A.__The place of birth of the child; or


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