LD 1526
pg. 17
Page 16 of 118 An Act To Enact the Uniform Parentage Act and Conforming Amendments and Additio... Page 18 of 118
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LR 134
Item 1

 
A.__The person and the mother of the child are married to
each other and the child is born during the marriage;

 
B.__The person and the mother of the child were married to
each other and the child is born within 300 days after the
marriage is terminated by death, annulment, divorce or
declaration of invalidity or after a decree of separation;

 
C.__Before the birth of the child, the person and the mother
of the child married each other in apparent compliance with
law, even if the attempted marriage is or could be declared
invalid, and the child is born during the invalid marriage
or within 300 days after its termination by death,
annulment, divorce or declaration of invalidity or after a
decree of separation;

 
D.__After the birth of the child, the person and the mother
of the child married each other in apparent compliance with
law, whether or not the marriage is or could be declared
invalid, and the person voluntarily asserted parentage of
the child and:

 
(1)__The assertion is in a record filed with the State
Registrar of Vital Statistics; or

 
(2)__The person agreed to be and is named as the
child's parent on the child's birth certificate; or

 
E.__For the first 2 years of the child's life, the person
resided in the same household with the child and openly held
out the child as that person's own.

 
2.__Rebuttal of presumption.__A presumption of parentage
established under this section may be rebutted only by an
adjudication under subchapter 6.

 
3.__Effect of presumption on other parents.__The fact that a
person is presumed to be a parent does not prevent another person
from being a parent of the same child even if this results in the
child having more than 2 parents.

 
4.__Parental rights and responsibilities if a child has more
than one presumed parent.__If a child has more than one presumed
parent, no presumed parent is disestablished by the existence of
another presumed parent.__The court shall determine the parental
rights of the presumed parents in accordance with section 1653.

 
Comment

 
(This is section 204 of the UPA.)


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