A.__The place of birth of the child; or

B.__The past or present residence of the child.

3.__Effect on parental rights.__This chapter does not create, enlarge or diminish parental rights or duties under other law of this State.

Comment

(This is section 103 of the UPA.)

The new UPA conforms to the requirement of 42 U.S.C. § 666(a)(5)(A), that a state must provide that parentage proceedings be available at any time before a child attains 18 years of age or suffer the potential penalty of forfeiture of the federal funds that subsidize child support enforcement by the state, see Appendix: Federal IV-D Statute Relating to Parentage, infra.

Subsection (a) was amended in 2002 in response to objections that the phrase "governs every determination of parentage" was excessively broad and could conflict with other state laws, such as those governing probate issues.

Subsection (b) is derived from the UIFSA (1996) § 303 and UPA (1973) § 8(b). This section simplifies choice of law principles; the local court is directed to apply local law. If in fact this state is an inappropriate forum, dismissal for forum non- conveniens may be appropriate.

Subsection (d) is bracketed. If a state enacts Article 8, Gestational Agreement, this subsection should be omitted. If a state does not enact Article 8, this subsection should be included to make clear that this Act does not affect other law of the jurisdiction on the subject, if any. The 2002 amendment employs consistent language in order to treat married and unmarried couples alike with regard to parentage issues, and reflects the terminology in Articles 2, 7, and bracketed Article 8.

Maine Comment

Subsection (d) is deleted because Article 8 is included in this chapter.