The act by which illegitimate children are given the same legal standing of legitimate children is a matter of local legislation, and therefore depends on the law of each particular jurisdiction. Although some statutes provide for the legitimation of children by conduct amounting to recognition, other statutes require that the recognition of an illegitimate child be in writing.
Maine Voluntary Acknowledgment of Parentage By Mother and Father
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A person is presumed to be a parent of a child if the person resided in the same household with the child and openly held out the child as that person's own from the time the child was born or adopted and for a period of at least 2 years thereafter and assumed personal, financial or custodial responsibilities for the ...
If the putative father executes an acknowledgement of paternity with the department and the putative father is either named in writing by the mother as the father or is presumed to be the father based on the results of blood or tissue-typing tests, the name of the father must be entered on the birth certificate without ...
Presumption of Paternity When parents are married, the Maine law presumes that the spouse is the father/parent of the child. If the spouse is the father/parent, nothing else needs to be done. Paternity is established by presumption. Paternity is also presumed in several other ways.
Paternity can be established by: Both parents signing a voluntary Acknowledgment of Paternity ("AOP") (PDF), or. An order of a District Court declaring a man the legal father of a child (this step may involve genetic testing).
Voluntary Acknowledgement of Paternity (AOP) The easiest way to complete the AOP is to do it at the hospital or birthing center right after the child is born. Staff there will help parents complete the AOP and notarize it.
If a court order is not in place, Maine law presumes that parents have equal rights and responsibilities to care for and raise their children.
A "de facto" parent is a person recognized by a court or "adjudicated" as a parent because of a permanent, committed relationship with the child. This designation does not take away rights and responsibilities from a child's other legal parent(s).