10- 144 C.M.R. ch. 351, § 9-5

Current through 2024-44, October 30, 2024

Section 144-351-9-5 - GENETIC TESTING

A. After July 1, 2016, the method and process for genetic testing shall be governed by 19-A M.R.S. Chapter 61, Subchapter 6.

B. An alleged father who files a written denial of paternity within 20 days after service of a Notice of Paternity Proceeding must submit to genetic testing. If an alleged father refuses to submit to genetic testing, the Division may file a record of the proceeding in a court as a paternity proceeding.

C. If the Division receives a written denial of paternity within 20 days after service of a Notice of Paternity Proceeding, it shall schedule genetic testing of the alleged father, the mother, and the child(ren). The Division shall notify the parties by ordinary mail of the date, time, and place of testing, which may be scheduled no earlier than 15 days after the mailing of the Notice, unless by agreement of all interested parties. Notices must be sent to the last known addresses of the parties.

D. If the expert examiner requests that additional samples be obtained from the alleged father, the Division shall notify the alleged father by ordinary mail of the date, time, and place that additional samples will be collected. The collection of additional samples may be scheduled no earlier than 15 days after the mailing of the notice to the alleged father. The Notice must inform the alleged father that failure to provide additional samples constitutes a refusal to submit to genetic testing. The Notice must be sent to the alleged father's last known address.

E. The Division shall send a Notice to reschedule genetic testing to an alleged father who does not appear for scheduled testing. The Notice shall state that if the alleged father does not, within 15 days of the mailing to him of the Notice, request that the Division reschedule testing, his failure to appear constitutes a refusal to submit to genetic testing. If the alleged father requests rescheduling within the time stated, the Division shall reschedule the tests. Rescheduled tests may not be conducted earlier than 15 days after the mailing of the notice to reschedule, except by agreement of all interested parties. The Notice must also state that if the alleged father fails to submit to the rescheduled tests, the failure to submit constitutes a refusal to submit to genetic testing. The Notice shall be sent to the last known address of the alleged father by ordinary mail.

F. If genetic test results show that an alleged father is or may be the genetic father of the child(ren), he must deliver an acknowledgement of paternity to the Division within 15 days after the mailing to him of the test results, or the Division may file a record of the proceeding in a court as a paternity proceeding. The acknowledgement of paternity must be executed in accordance with the laws of the state in which the child(ren) was (were) born.

G. If genetic test results show that an alleged father is not the genetic father of the child(ren), the Division may request a court order that states the alleged father was excluded as the genetic father of the child(ren) by genetic testing.

H. The Department may recoup its costs for genetic testing from alleged fathers who are not excluded by the tests and who are not indigent.

I. If the alleged father submits himself to sample collection and testing for paternity evaluation, alleged father agrees that the samples, or the DNA profile resulting from the test, may be used to determine the paternity of other children in actions unrelated to the one for which DNA is being tested and may be used as evidence in further paternity actions, if the Department has an affirmation alleging he is the father of a child or if the Department commences an action against the alleged father and he fails to participate in testing.

J. After July 1, 2016, in cases where the child was conceived by means of assisted reproduction, a donor is not a parent, except as provided by 19-A M.R.S. §1922(2). However, a person who provides gametes for and consents to or a person who consents to assisted reproduction by a woman as provided in 19-A M.R.S. §1924 with the intent to be the parent of a resulting child is a parent of the resulting child.

10- 144 C.M.R. ch. 351, § 9-5