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2005 LAWS OF MARYLAND
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Ch. 464
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(5) THE MAN HAS BEEN ADJUDICATED TO BE THE CHILD'S FATHER;
(6) THE MAN HAS ACKNOWLEDGED HIMSELF, ORALLY OR IN WRITING,
TO BE THE CHILD'S FATHER AND THE MOTHER AGREES; OR
(7) ON THE BASIS OF GENETIC TESTING, THE MAN IS INDICATED TO BE
THE CHILD'S BIOLOGICAL FATHER.
(B) NOTICE AND HEARING ON PATERNITY CLAIM.
(1) A PETITIONER UNDER PART II OR PART III OF THIS SUBTITLE SHALL
GIVE A JUVENILE COURT NOTICE THAT A MAN WHO IS NOT NAMED IN THE PETITION
AND HAS NOT BEEN EXCLUDED AS A FATHER CLAIMS PATERNITY.
(2) AFTER A REQUEST OF A PARTY OR CLAIMANT AND BEFORE RULING
ON A PETITION UNDER PART II OR PART III OF THIS SUBTITLE, A JUVENILE COURT
SHALL HOLD A HEARING ON THE ISSUE OF PATERNITY.
COMMITTEE NOTE: Subsections (a)(1) through (6) and (b) of this section are
derived from former FL § 5-310.
Subsection (a)(7) of this section is new and added to reflect the increasing
reliance on the accuracy of genetic testing.
The introductory clause of subsection (a) of this section, "[u]nless a court
excludes a man as the father of a child", is substituted for the former
disclaimer "unless ... his nonpaternity has been established to the
satisfaction of the court by affidavit or testimony", which pertained only to
the provisions revised in subsection (a)(3) and (4) of this section, because a
finding by a court should pertain to all of the criteria under subsection (a)
of this section.
In subsection (b)(1) of this section, the word "man" is substituted for the
former reference to "an individual who does not meet the criteria for being
a natural father ... claims to be the natural father", for brevity and to
reflect that fatherhood could result from, e.g., an earlier adoption.
In subsection (b)(2) of this section, the limitation "before ruling on a
petition under ... this subtitle" is added to clarify the period during which
a court may act.
Also in subsection (b)(2) of this section, the reference to a "request of a
party or claimant" is substituted for the former reference to "receipt of
notice", to allow a claimant, as well as a petitioner, to request a hearing but
obviate the need for a hearing if no one requests one.
Defined terms: "Child" § 5-301
"Juvenile court" § 1-101
"Party" § 5-301
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