LD 1526
pg. 13
Page 12 of 118 An Act To Enact the Uniform Parentage Act and Conforming Amendments and Additio... Page 14 of 118
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LR 134
Item 1

 
This section provides for a determination of the mother-child
relationship if that issue is in dispute. Except in circumstances
involving immigration, cases involving disputed maternity are
extraordinarily rare. Therefore, the new UPA is otherwise written
in terms applicable to the determination of paternity, while
maintaining the possibility that a dispute may arise regarding
whether a woman claiming maternity actually is the mother of a
particular child.

 
Although certain provisions found in the balance of the Act
logically do not apply in a proceeding to establish maternity,
the Act continues the decision made in UPA (1973) not to burden
these already complex provisions with unnecessary references to
the ascertainment of maternity. Except for issues arising from
assisted reproduction technologies or gestational agreements, see
Article 7 and bracketed Article 8, § 201(a) is the sole provision
in the Act that specifically relates to the mother-child
relationship. In an actual case, a judge facing a claim for the
determination of the mother-child relationship should have little
difficulty deciding which portions of the Act should be applied.

 
SUBCHAPTER 2

 
PARENT-CHILD RELATIONSHIP

 
§1841.__Establishment of parent-child relationship

 
The parent-child relationship is established by:

 
1.__Woman's giving birth.__The woman's having given birth to
the child, except as otherwise provided in subchapter 8;

 
2.__Unrebutted presumption of parentage.__An unrebutted
presumption of parentage under section 1844;

 
3.__Effective acknowledgment of paternity.__An effective
acknowledgment of paternity by the man under subchapter 3, unless
the acknowledgment has been rescinded or successfully challenged;

 
4.__Adjudication of parentage.__An adjudication of parentage,
including adjudication as a defacto parent under section 1845.__
An adjudication of parentage is not barred by the existence of a
presumed parent, acknowledged parent, adjudicated parent or birth
mother, even if this results in the child having more than 2
parents;

 
5.__Adoption of child.__Adoption of the child;


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