Program Operations Manual System (POMS)
TN 27 (12-00)
GN 00306.510 Maine Intestacy Laws
Prior to 01/01/81, a child or father acquires the status of child or parent if:
the parents intermarry; or
the father adopts the child into his family; or
the father acknowledges in writing before a justice of the peace or notary public that he is the father.
Effective 01/01/81, a child or father acquires the status of child or parent if:
the natural parents participated in a marriage ceremony before or after the child's birth, even if the attempted marriage is void; or
the father adopts the child; or
the father acknowledges in writing before a notary public, or prior to 07/01/88 a justice of the peace, that he is the child's father; or
paternity is established by an adjudication before the father's death based on a preponderance of the evidence, or after the father's death by clear and convincing proof, except that paternity established under this provision is ineffective to confer the status of parent unless the father has openly treated the child as his and not refused to support the child.
Evidence which may be considered includes: an expert's opinion concerning the time of conception; evidence of sexual intercourse between the mother and alleged father at a possible time of conception; and medical, scientific or genetic evidence relating to the alleged father's paternity. Blood or tissue tests with a statistical probability of 97% or greater create a rebuttable presumption of paternity. Submit to the RCC evidence presented to rebut the presumption for a determination about whether the evidence excludes the alleged father.