§1601. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Alleged father. “Alleged father” means: A. A man who is alleged to have engaged in sexual intercourse […]
§1602. Additional persons subject to jurisdiction 1. Application. To ensure maximum protection to citizens of this State, the department shall apply this section to assert jurisdiction over nonresident alleged fathers to the fullest extent permitted by the due process clause of the United States Constitution, Amendment XIV. [PL 1995, c. 694, Pt. B, §2 […]
§1603. Limitation on recovery from father An alleged father’s liability for past expenses incurred is limited to the 6 years preceding service of the notice under section 1605. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] SECTION HISTORY PL 1995, c. 694, §B2 (NEW). PL 1995, […]
§1604. Service Service of a notice under section 1605 must be made by personal service as provided for personal service of summons by the Maine Rules of Civil Procedure, Rule 4(d). Personal service within the State of a notice under section 1605 may be made by an authorized representative of the commissioner. Personal service outside […]
§1605. Notice of proceeding to commence an action 1. Notice of proceeding. The department may commence a paternity proceeding by serving a notice on an alleged father. The department may not serve such a notice unless it has a sworn statement or affirmation under the penalty for unsworn falsification from the child’s mother claiming that […]
§1606. Court orders; relief The department may request that the court: [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Establish as genetic father. Establish the alleged father as the genetic father of the child; [PL 2015, c. 296, Pt. C, §12 (AMD); PL 2015, […]
§1607. Applicability; Maine Rules of Civil Procedure, Rule 5(b) The Maine Rules of Civil Procedure, Rule 5(b) applies to a proceeding under this chapter. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] SECTION HISTORY PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
§1608. Multiple alleged fathers When it appears to the department that there may be more than one alleged father, the department may maintain proceedings against each alleged father, simultaneously or successively. Failure to serve a notice on an alleged father does not bar the department from maintaining a proceeding under this chapter against any other […]
§1609. Failure of alleged father to deny paternity 1. Filing of record of proceeding in court. If the alleged father fails to file a written denial of paternity with the department within 20 days after service of notice upon him, the department’s attorney may file the record of the proceeding in a court as a […]
§1610. Blood or tissue-typing tests 1. Requirement of tests. If the alleged father files a written denial of paternity with the department within 20 days after service of the notice upon him, the department shall schedule blood or tissue-typing tests for the mother, the child and the alleged father, which may include, but are not […]
§1611. Refusal of alleged father to submit to blood or tissue-typing tests 1. Filing of record in court. If the alleged father denies paternity and subsequently fails to submit to blood or tissue-typing testing, the record may be filed in court as a paternity action and the department may seek an adjudication of paternity pursuant […]
§1612. Procedures after blood or tissue-typing tests 1. Transmittal of test results. Upon receipt of the results of the tests, the department shall send copies of the results by ordinary mail to the alleged father and to the child’s mother or to the mother’s guardian or next friend if the mother is a minor. […]
§1613. Applicability; Maine Rules of Civil Procedure, Rule 12(b) If a record of the proceeding is filed under section 1611 or section 1612, subsection 3, the alleged father is not required to file an additional denial of paternity. He may assert any defense, in law or fact. Any defense must be asserted within 25 days […]
§1614. Acknowledgment of paternity If, prior to the filing in a court, the alleged father executes and delivers to the department an acknowledgment of paternity of the child in accordance with the laws of the state in which the child was born, and if the department does not require the alleged father to participate in […]
§1615. Representation of department The commissioner may designate employees of the department who are not attorneys to file the record of proceedings commenced under this subchapter in District Court and to represent the department in court in both those proceedings and proceedings filed by other parties. The commissioner shall ensure that appropriate training is provided […]
§1616. Voluntary acknowledgment of paternity (REPEALED) (REALLOCATED FROM TITLE 19-A, SECTION 1615) SECTION HISTORY RR 1997, c. 1, §15 (RAL). PL 2015, c. 296, Pt. C, §16 (RP). PL 2015, c. 296, Pt. D, §1 (AFF).
