Unmarried Parents’ Rights in Maine

When married couples have children in Maine, the spouses are presumed to be the parents of the children.

However, this may not be the case for unmarried couples in Maine, leading to potential parental disputes and the need for the father to prove paternity.

If you are an unmarried couple with a child, here is what you need to know about parental rights and how to establish parentage in Maine.

The term “parent” is addressed under Maine law with the following key definitions:

• “Parent” means a person who:
  • Has established a parent-child relationship with the child under Title 19-A, Chapter 61 of the Parentage Act.
  • Is the legal guardian of the child, when no person with an established parent-child relationship exists.
• “Putative parent” means a person who is the alleged parent of a child but whose parentage has not been legally established.
• “Acknowledged father” means a person who has established parentage under Title19-A, Chapter61, Subchapter 3.
• “Adjudicated parent” means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child.

Title 19-A, Chapter 61 refers to the Maine Parentage Act, which is part of the Maine Legislature.

Under Maine law, a person is presumed to be the parent of a child in three circumstances:

1. The person and the woman giving birth to the child are married to each other and the child is born during the marriage.
2. The person and the woman giving birth to the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, divorce, decree of separation, or declaration of invalidity.
3. Before the birth of the child, the person and the woman giving birth to the child married each other in apparent compliance with the 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.

In Maine, the marital presumption for parents extends to legal relationships that provide substantially the same rights, benefits, and responsibilities as marriage. This legal relationship is recognized as valid in the State or jurisdiction in which it was entered.

Additionally, if a person residing in the same household as the child claims the child as his own from the time the child was born or adopted and for at least two years afterward and assumed personal, financial, or custodial responsibilities for the child, he is presumed to be the father.

If the marital presumption does not apply, other means exist in Maine for unmarried individuals to establish parentage.

The two main methods to establish parentage are:

• Acknowledgment of paternity
• A paternity lawsuit

More information about each of these options is included below.

1. Acknowledgment of parentage in Maine

When parentage is not presumed, an acknowledgment of parentage is the simplest way to establish parentage in Maine, but it is not without its potential risks and pitfalls.

To be valid, the document must be executed properly and, before an acknowledgment is signed, the person who gave birth and the acknowledging parent must receive oral and written notice of:

• The alternatives to signing the acknowledgment
• The legal consequences of signing the acknowledgment
• The rights and responsibilities that arise from signing the acknowledgment

Executing the acknowledgment correctly may be easier with the assistance of a qualified family lawyer. However, it is often done at the hospital soon after birth.

The acknowledgment is generally a single document and can be executed at any time until the child turns 18. It should meet the following requirements under Maine law:

• It must be in a record (filed with the State Registrar of Vital Statistics)
• It must be signed, or otherwise authenticated, under penalty of perjury by the person giving birth and by the person seeking to establish parentage.
• It must confirm the following details:
  • There is no other presumed parent of the child (or, if there is another presumed parent, it must state that parent’s full name).
  • There is no other acknowledged parent and no adjudicated parent of the child other than the person giving birth.
• It must state whether genetic testing has been performed and if so, that the acknowledging person’s claim of parentage is consistent with the results of the testing.
• It must state that the signatories understand that the acknowledgment is the equivalent of a court determination of the parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and barred after two years.

In Maine, the acknowledgment of parentage may be signed by

• A person who gave birth to the child and who is not a gestational carrier.
• A person who is the alleged genetic parent of the child and who is not a donor.

An acknowledgment of parentage takes effect on the date of the birth of the child or on the filing of the document with the State registrar, whichever occurs later. It confers upon the acknowledged parent all the rights and duties of a parent and carries equal legal “weight” as adjudication by a judge in a paternity lawsuit.

2. A paternity lawsuit

If an acknowledgment of parentage is not executed (often because a father or mother refuses to sign the document), another way for an unmarried parent to claim parental rights in Maine is to file a lawsuit and petition the court to decide who is the father.

A paternity lawsuit usually involves genetic testing to identify the child’s legal father, but can be filed by the father, mother, or child in Maine. Most plaintiffs seek legal representation to do so.

Sometimes, too, the Maine Office for Family Independence or Division of Support Enforcement and Recovery (DSER) may file a lawsuit when seeking to clarify who is responsible for paying child support.

A final judgment from the court formally establishes paternity, conferring the associated legal rights and responsibilities on the newly confirmed father. The judge may need to make orders about support and parenting concerning these rights and responsibilities.

Learn More → What are a Father’s Rights in Maine?

To revoke an acknowledgment of parentage (for example, because it is discovered that someone else is the father), the signatory to the acknowledgment must do so either before 60 days of the effective date of the acknowledgment of parentage has passed or before the date of the first hearing of a proceeding in a lawsuit.

After these periods have elapsed, an acknowledgment of parentage can be revoked only due to instances of fraud, duress, coercion, threat of harm, or material mistake of fact. The proceeding must be within two years of the date that the acknowledgment was filed with the State registrar.

If you need legal assistance as an unmarried parent in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.