Section 5-1029

Annotated Code of Maryland

(1984 Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-1029.

(a) On the motion of a party to the proceeding or on its own motion, the court
shall order the mother, child, and alleged father to submit to blood tests to determine
whether the alleged father can be excluded as being the father of the child.

(b) The blood tests shall be made in a laboratory selected by the court from a list
of laboratories provided by the Administration. A LABORATORY ON THE LIST
SHALL BE DEEMED TO HAVE CONSENTED TO PROVIDE A DOCTOR OR
TECHNICIAN TO TESTIFY AT TRIAL WHEN GIVEN NOTICE IN
ACCORDANCE WITH SUBSECTION (E)(3)(II) OF THIS SECTION.

(c) The laboratory shall report the results of each blood test in writing and in
the form the court requires.

(d) A copy of the laboratory report of theblood test shall be provided to the
parties or their counsel in the manner that the court directs.

(e) (1) Subject to the provisions of paragraph (3) of this subsection, the
laboratory report of the blood test shall be received in evidence if:

(i) definite exclusion is established; or

(ii) the testing is sufficiently extensive to exclude 97.3% of alleged
fathers who are not biological fathers, and the statistical probability of the alleged
father's paternity is at least 97.3%.

(2) A laboratory report is prima facie evidence of the results of a blood
test.

(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph,
the laboratory report of the blood test is admissible in evidence without the presence of
a doctor or technician from the laboratory that prepared the report if the report:

1. Is signed by the doctor or technician who prepared or
verified the report; and

2. States that the result of the blood test is as stated in the
report.

(ii) When the laboratory report of the blood test is admitted in
evidence, a doctor or technician from the laboratory that prepared the report is subject
to cross examination by any party to the proceeding if the party who desires cross

- 3306 -