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Session Laws, 1963
Volume 671, Page 1504   View pdf image (33K)
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1504                             LAWS OF MARYLAND                        [CH. 722

to the extent otherwise provided for in this subsection or elsewhere
in this subtitle. The sole question to be submitted for determination
by the jury shall be whether the defendant is or is not the father
of the child or children. No comment or reference shall be made or
permitted with respect to the defendant's failure to testify.

66G.

The Court, upon motion of the defendant alleged to be the putative
father, or upon its own motion, shall order the mother and the
child, as well as the defendant to submit to such blood tests as may
be deemed necessary to determine whether or not the defendant
can be excluded as being the father of the child. The results of such
test or tests may be received in evidence only in cases where definite
exclusion is established. Such tests shall be made in laboratories
located in this State, selected by the Court. Reports of such tests
shall be made by such laboratories in writing and in the form re-
quired by the Court. Copies of the reports shall be furnished to the
petitioner or complainant and to the defendant or their counsel.
The reports, when admissible in evidence as aforesaid, shall be
accepted as prima facie evidence of the results of such tests. The
tests shall be paid for by the county or city where the proceedings
are pending, unless the Court orders one or more of the parties to the
proceedings to pay for the same or any part thereof. When the
tests are admitted in evidence, the laboratory technicians who made
them are subject to cross-examination by all parties to the pro-
ceedings. If the mother or her child fail to submit to the blood
tests ordered by the Court to be taken, such facts, when properly
adduced by evidence, shall be disclosed to the Court and jury, and
may be commented upon by the Court or by counsel to the jury or
to the Court when the case is tried without a jury.

66H.

(a)  If the finding of the Court or jury, as the case may be, be
against the defendant alleged to be the putative father, the Court
shall pass an order declaring the defendant to be the father of said
child and providing for the support and maintenance of the child.
Such order shall specify the sum to be paid by the defendant weekly
or otherwise until the child reaches the age of 21 years, dies, marries,
or becomes self-supporting, whichever event first occurs; provided,
that in any case where said child, having reached 21 years of age,
is destitute of means and unable to support himself by reason of men-
tal or physical infirmity, the Court shall have power to require pay-
ments to be made or continued during the continuance of such mental
or physical infirmity. In addition to providing for the support and
maintenance of the child, the order also may require the defendant
to pay all or any part of the mother's medical and hospital expense
for her pregnancy, confinement, and recovery, and for the funeral
expenses if the child has died or dies; and in addition thereto, may
award counsel fees to the attorney representing the complainant
or petitioner. Costs shall be awarded as in other civil cases in ac-
cordance with Rule 604 of the Maryland Rules of Practice and Pro-
cedure; provided, that the Court, in its discretion, may order that
all or any part of the costs shall be paid by the county or City of
Baltimore, as the case may be, where the proceedings were instituted.

(b)   The Court may include in the order any other provision,

 

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Session Laws, 1963
Volume 671, Page 1504   View pdf image (33K)
 Jump to  
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