Section 5-1016 – Voluntary Support Agreement
(a) (1) Before or after the filing of a complaint, the alleged father may propose a settlement concerning the child’s support whether the alleged father admits or denies paternity. (2) The proposed contribution may be in a lump sum, installments, or otherwise. (b) A settlement agreement shall be prepared, executed, and submitted to the court for approval if: (1) the […]
Section 5-1019 – Powers of State’s Attorney
(a) This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney. (b) Before or after a complaint is filed under this subtitle, the State’s Attorney may hold a pretrial inquiry. (c) In connection with any pretrial inquiry under this section, the State’s Attorney may: (1) issue a summons that requires a person, other […]
Section 5-1020 – Notice to Alleged Father
(a) This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney. (b) Before the State’s Attorney conducts a pretrial inquiry under this subtitle, the State’s Attorney shall notify the parties in writing of: (1) the time and place of the inquiry; (2) the alleged father’s right to appear at the inquiry and to […]
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 […]