Kenny v. Department of Human Services

[¶ 1] Plaintiff Fergus Kenny appeals from a summary judgment entered in the Superior Court (Penobscot County, Mills, J.) in favor of defendant Department of Human Services on plaintiffs complaint for determination of paternity. Kenny argues that the court erred as a matter of law in failing to permit him to rescind his acknowledgement of paternity pursuant to 19-A M.R.S.A. § 1616 (1998). Kenny also asserts that the paternity statutes are unconstitutional because they make an extrajudicial acknowledgment a conclusive “adjudication” of paternity and thus deprive the court of its exercise of…