|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor
|
|
|
|
|
|
Ch. 464
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) TERMINATION OF PARENTAL RIGHTS IN COMPLIANCE WITH THE
JURISDICTION'S LAWS SHALL HAVE THE SAME LEGAL EFFECT AS TERMINATION OF
PARENTAL RIGHTS IN THIS STATE.
COMMITTEE NOTE: Subsection (a) of this section is new and added to cover
administrative or other nonjudicial orders or proceedings that, under the
laws of another jurisdiction, have the force and effect of a comparable
judicial order.
Subsections (b)(1) and (c)(1) of this section are derived from former FL §
5-326 but bifurcated to reflect that the full faith and credit clause is
applicable to "states" as provided in "the United States Constitution".
Accordingly, in subsections (b) and (c) of this section, respectively, the
defined term "state" and the reference to a "jurisdiction other than a state"
are substituted for the former term "jurisdiction". Subsections (b)(1) and
(c)(1) are revised to cover orders for "guardianship", as well.
Subsections (b)(2) and (c)(2) of this section are added to provide expressly
for recognition of foreign orders relating to termination of parental rights.
In subsections (b)(1) and (c)(1) of this section, references to "compliance
with ... laws" are added to state expressly that an order being recognized
must be a lawful order.
Also in subsections (b)(1) and (c)(1) of this section, the word "order" is
substituted for the former, more archaic "decree".
Defined terms: "Guardianship" § 5-301
"Includes" § 1-101
"Including" § 1-101
"Order" § 5-305
"State" § 1-101
5-306. PATERNITY.
(A) PRESUMPTION IN GENERAL.
UNLESS A COURT EXCLUDES A MAN AS THE FATHER OF A CHILD, A MAN IS THE
FATHER IF:
(1) THE MAN WAS MARRIED TO THE CHILD'S MOTHER AT THE TIME OF
THE CHILD'S CONCEPTION;
(2) THE MAN WAS MARRIED TO THE CHILD'S MOTHER AT THE TIME OF
THE CHILD'S BIRTH;
(3) THE MAN IS NAMED AS THE FATHER ON THE CHILD'S BIRTH
CERTIFICATE AND HAS NOT SIGNED A DENIAL OF PATERNITY;
(4) THE CHILD'S MOTHER HAS NAMED THE MAN AS THE CHILD'S FATHER
AND THE MAN HAS NOT SIGNED A DENIAL OF PATERNITY;
- 2599 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
