LD 1526
pg. 20
Page 19 of 118 An Act To Enact the Uniform Parentage Act and Conforming Amendments and Additio... Page 21 of 118
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LR 134
Item 1

 
A.__Whether the person has lived with the child for a
significant period of time;

 
B.__Whether the person has performed parental caretaking
functions of the child to a significant degree.__For the
purposes of this section, parental caretaking functions may
include, but are not limited to, contributing toward the
child's residential, educational, recreational, child care
and medical, dental and mental health care needs;

 
C.__Whether the person has accepted full and permanent
responsibilities as a parent without expectation of
financial compensation;

 
D.__Whether the person has contributed financially to the
support of the child; and

 
E.__Whether the person, with the consent and encouragement
of a parent, has formed a parent-child bond with the child.

 
3.__Parental rights and responsibilities.__Upon adjudication
of a person as a de facto parent, the court shall determine
parental rights and responsibilities in accordance with section
1653.

 
4.__Other parents.__The adjudication of a person as a de facto
parent does not affect the rights and responsibilities of any
other parent, unless otherwise determined by a court.

 
5.__Child support.__A de facto parent____________required to
pay child support in accordance with the child support guidelines
under chapter 63.__The requirement that a de facto parent pay
child support does not relieve any other parent of the obligation
to pay child support unless otherwise determined by a court.

 
Maine Comment

 
Section 1845 was added to address a separate category of
parentage, "de facto" parents. De facto parentage was initially
recognized as an equitable remedy in Maine law based on the
particular facts and circumstances of a parent-child
relationship. See CEW v. DEW, 2004, ME 43; Young v. Young, 2004
ME 44. In contrast to the types of parentage established by UPA
2002 at conception, birth or in the first two years of the
child's life, a de facto parent-child relationship develops over
time and requires a demonstration of a certain quality of
relationship. Consistent with the Maine Supreme Judicial Court's
recognition of a de facto parent as a category of parent, the
Maine amendment sets forth the factors for a court to consider in


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