Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 351 - Maine Child Support Enforcement Manual
Chapter 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS
Section 144-351-9-1 - COMMENCEMENT OF A LEGAL ACTION

Universal Citation: 10 ME Code Rules ยง 144-351-9-1

Current through 2024-38, September 18, 2024

A. The Division may commence a legal action to adjudicate paternity pursuant to 19-A M.R.S. §§1601 et seq., by serving an alleged father subject to its jurisdiction with a Notice of Paternity Proceeding. The Division shall not serve an alleged father unless it receives an affirmation from the mother of the child(ren) that states:

1. She engaged in sexual intercourse with the alleged father at a possible time of conception of the child(ren);

2. The child(ren) was (were) born or may have been conceived when she was legally married to the alleged father; or

3. After July 1, 2016, that the alleged father resided in the same household with the child and openly held out the child as his own from the time the child was born or adopted, and for a period of at least two years thereafter, and assumed personal, financial or custodial responsibilities for the child.

If the mother of the child(ren) is a minor, the affirmation may be that of the guardian or next friend of the mother.

B. The Division may commence a single action to determine the paternity of more than one child if it receives an affirmation that names more than one child.

C. The Division may proceed simultaneously or successively against more than one alleged father if it receives more than one affirmation concerning the paternity of the same child(ren). The Division need not proceed against each alleged father.

D. A Notice of Paternity Proceeding is not subject to administrative review. Legal defenses of an alleged father may only be asserted in a court of proper jurisdiction, and only if the Division files a record of a proceeding in a court as a paternity proceeding because an alleged father:

1. Refuses to submit to genetic testing; or

2. Fails to execute and deliver to the Division an acknowledgment of paternity within 15 days after receiving the results of genetic testing which do not exclude him as the father of the child(ren).

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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