Section 144-351-8-20 - CHILDREN CONCEIVED AND BORN OUT-OF-WEDLOCK For cases in which the child is born out-of-wedlock, the following evidence, if regular on its face, must be made a part of the hearing record and must be considered sufficient to establish that the alleged responsible parent has a duty of support under 19-A M.R.S. §1504 and is a responsible parent within the meaning of 19-A M.R.S. §§2301 and 2304:
A. An original or duplicate original acknowledgment of paternity or similar document whereby the alleged responsible parent acknowledged the paternity of the child.B. An attested or certified copy of an acknowledgment of paternity or similar document that is issued by the keeper of records where the original or duplicate original acknowledgement or similar document is filed or recorded.C. An abstract prepared by the Department's Office of Data, Research and Vital Statistics that indicates the alleged responsible parent has acknowledged the paternity of the child and that a copy of the acknowledgement or other similar document is on file with that office. The abstract must contain the full names of the parents and child, the child's date of birth, and the date of acknowledgement.D. An original or duplicate original document whereby the alleged responsible parent consented to the entry of his name on the child's birth certificate.E. An attested or certified copy of a document whereby the alleged responsible parent consented to the entry of his name on the child's birth certificate that is issued by the keeper of records where the original or duplicate original document is filed or recorded.F. An original or duplicate original certificate or affidavit of legitimation executed by the alleged responsible parent.G. An attested or certified copy of a certificate or affidavit of legitimation that is issued by the keeper of records where the original or duplicate original certificate or affidavit is filed or recorded.H. An original or duplicate original of the child's birth certificate on which the alleged responsible parent's name is entered as the father, provided that the laws of the state in which the birth certificate is filed or recorded permit the entry of the father's name only if the father executes an acknowledgement of paternity, consents in writing to the entry of his name on the child's birth certificate, executes an affidavit or certificate of legitimation or is presumed to be the father based on the results of genetic testing.I. An attested or certified copy of the child's birth certificate on which the alleged responsible parent's name is entered as the father that is issued by the keeper of records where the original or duplicate original birth certificate is filed or recorded, provided that the laws of the state in which the birth certificate is filed or recorded permit the entry of the father's name only if the father executes an acknowledgement of paternity, consents in writing to the entry of his name on the child's birth certificate, executes an affidavit or certificate of legitimation or is presumed to be the father based on the results of genetic testing.J. After July 1, 2016, evidence leading to a finding that the alleged responsible parent resided in the same household with the child and openly held out the child as his or her 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. The responsible parent may raise affirmative defenses to written evidence of paternity as described in this section only for purposes of preserving the issue for judicial review. An alleged responsible parent is not prohibited from litigating at the hearing a claim that he is not the person who executed the acknowledgement of paternity, written consent or affidavit of legitimation relied on by the Division to establish a child support obligation.
10- 144 C.M.R. ch. 351, § 8-20