One presumption found in UPA (1973) is not repeated in the new Act. Former UPA §4(5) created a presumption of paternity if the man "acknowledges his paternity of the child in a writing filed with [named agency] [and] the mother does not dispute the acknowledgment within a reasonable time." This presumption was eliminated because it conflicts with Article 3, Voluntary Acknowledgment of Paternity, under which a valid acknowledgment establishes paternity rather than a presumption of paternity.

Finally, subsection (b) is a complete rewrite of UPA (1973) § 4(b). The requirement that a presumption "may be rebutted only by clear and convincing evidence" was eliminated from the Act. The same fate was accorded the statement that: "If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls." Nowadays the existence of modern genetic testing obviates this old approach to the problem of conflicting presumptions when a court is to determine paternity. Nowadays, genetic testing makes it possible in most cases to resolve competing claims to paternity. Moreover, courts may use the estoppel principles in § 608 in appropriate circumstances to deny requests for genetic testing in the interests of preserving a child's ties to the presumed or acknowledged father who openly held himself out as the child's father regardless of whether he is in fact the genetic father.

Maine Comment

Section 1844 is made gender neutral and preserves, for example, a child's ties to the presumed parent who lived with the child for the first two years of the child's life and openly held the child out as that person's own child regardless of whether that person is in fact a genetic parent.

Subsection 3 preserves the right of another person to assert his or her parentage even when there is a presumed parent.

§1845.__De facto parentage

1.__De facto parent.__The court may adjudicate a person to be a de facto parent.

2.__Factors.__After notice to all other parents and hearing, the court shall consider at least the following factors in adjudicating whether a person is a de facto parent: