Section 5-1021 – Blood Test
(a) The attorney for the Administration may request any individual named in a paternity complaint to submit to a blood or genetic test. (b) If the individual refuses the attorney for the Administration’s request to submit to a blood or genetic test, the attorney for the Administration may apply to the circuit court for an order that […]
Section 5-1024 – Failure of Defendant to Appear
(a) If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, the court, in the absence of the defendant, shall, unless there is good cause to the contrary: (1) proceed with the hearing on the complaint; and (2) (i) issue a default judgment adjudicating paternity if the court […]
Section 5-1025 – Trial to Be Held After Birth of Child
(a) The trial may not be held until after the birth of the child who is the subject of the proceeding. (b) If a complaint is filed before the birth of the child, then, until the trial is held, the court may: (1) order the alleged father or the pregnant woman to give bond, as provided in § […]
Section 5-1026 – Trial to Be Held After Birth of Child — Procedure
(a) The court shall hear the complaint without a jury. (b) Except as otherwise provided in this subtitle, proceedings under this subtitle shall be treated in accordance with the laws, rules, and practice that relate to trials in other civil cases. (c) In a trial under this subtitle, no comment on or reference to an alleged father’s failure […]
Section 5-1027 – Trial to Be Held After Birth of Child — Burden of Proof; Presumptions; Testimony
(a) At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child. (b) Both the mother and the alleged father are competent to testify at the trial. (c) The provisions of Title 1, Subtitle 2 of the Estates and Trusts Article regarding […]
Section 5-1006 – Limitations
(a) Except as otherwise provided in subsection (d) of this section, a proceeding to establish paternity of a child under this subtitle may be begun at any time before the child’s eighteenth birthday. (b) A paternity proceeding under this subtitle may be begun during pregnancy. (c) A complaint under this subtitle is not barred because the child born […]
Section 5-1028 – Affidavit of Parentage; Requirements; Legal Finding of Parentage; Regulations
(a) Unmarried parents shall be provided an opportunity to execute an affidavit of parentage in the manner provided under § 4–208 of the Health – General Article. (b) The affidavit shall be completed on a standardized form developed by the Department. (c) (1) The completed affidavit of parentage form shall contain: (i) in ten point boldface type a statement that […]
Section 5-1007 – Inconsistent Statutes or Rules
Any rule of court or statute that relates to procedure applies to a proceeding under this subtitle only to the extent that the rule or statute is: (1) practical under the circumstances; and (2) not inconsistent with this subtitle.
Section 5-1029 – Blood or Genetic Tests
(a) (1) The Administration may request the mother, child, and alleged father to submit to blood or genetic tests. (2) If the mother, child, or alleged father fails to comply with the request of the Administration, the Administration may apply to the circuit court for an order that directs the individual to submit to the tests. (b) On the […]
Section 5-1010 – Complaint
(a) A complaint need not be in any particular form. (b) The complaint shall be written in simple, nontechnical language. (c) The complaint shall state the facts on which the complaint is based. (d) (1) Except as otherwise provided in this subsection, a complaint filed under this subtitle shall be supported by the oath of the mother or pregnant woman, […]