7.__Adjudication confirming parentage.__An adjudication confirming the individual as a parent of a child born to the gestational mother if the agreement was validated under subchapter 8 or is enforceable under other law.

Comment

(This is section 201 of the UPA.)

Source: UPA (1973), § 4; expanded to include all possible bases of the parent-child relationship

Subsection (b)(5) and bracketed subsections (a)(4) and (b)(6) reflect the fact that Article 7 provides that both a married and an unmarried couple are entitled to assisted reproductive technologies in order to become parents and, if bracketed Article 8 is enacted, to enter into a gestational agreement. If a state enacts Article 8, Gestational Agreement, the brackets should be removed. If a state does not enact Article 8, the bracketed subsections should be omitted.

Maine Comment

Section 1841 has been amended to delete reference to gender- specific terms and has been made gender neutral to include all parent-child relationships. Recent advancements in science make possible the birth of children through the use of assisted reproduction and gestational agreements. As a result, new parent-child relationships are being created and new and unanticipated issues relating to the parentage of these children have arisen. Many of Maine's courts are struggling with these issues now. The UPA is made gender neutral to provide guidance in the resolution of these new and unanticipated issues and to ensure equal treatment of every child in Maine regardless of the circumstances of the child's parent or parents.

Accordingly, section 1841 has been reconfigured to reflect that the Act has been made gender neutral to establish the parentage of every child born or living in Maine. The parent- child relationship is created between a person and the resulting child if the person provides sperm or egg or consents to assisted reproduction by a woman with the intent to be the parent of the child or to a gestational agreement with the intent to be the parent of the child born pursuant to the agreement. The parent- child relationship is also created if for the first two years of the child's life, a person resided in the same