Rule 302. PRESUMPTION OF LEGITIMACY

A child conceived by or born to a woman while she is lawfully married is

presumed to be the child of the woman and her spouse unless the contrary is

established by proof beyond a reasonable doubt.

Maine Restyling Note [November 2014]

Maine’s version of Rule 302 is entirely different from Federal Rule 302,

which is not necessary in Maine. The restyled Rule attempts to restate the

Maine Rule in more succinct terms that resonate with the criminal burden of

proof on which it is based. There is some question about whether this Rule

continues to be necessary or appropriate in view of current developments

that permit quick and easy determination of biological parentage.

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