HARRY HUGHES, Governor

1935

(4)  IS IDENTIFIED BY THE NATURAL MOTHER AS THE FATHER
OF THE INDIVIDUAL, UNLESS THE MAN SIGNS A DENIAL OF PATERNITY OR
HIS NONPATERNITY HAS BEEN ESTABLISHED TO THE SATISFACTION OF THE
COURT BY AFFIDAVIT OR TESTIMONY;

(5)  HAS BEEN ADJUDICATED TO BE THE FATHER OF THE
INDIVIDUAL; OR

(6)  HAS ACKNOWLEDGED HIMSELF TO BE THE FATHER OF THE
INDIVIDUAL, ORALLY OR IN WRITING, AND THE NATURAL MOTHER OF THE
INDIVIDUAL AGREES THAT HE IS THE INDIVIDUAL'S NATURAL FATHER.

(B) MAN CLAIMING TO BE NATURAL FATHER.

(1)  A PETITIONER UNDER THIS SUBTITLE SHALL NOTIFY THE
COURT IF AN INDIVIDUAL WHO DOES NOT MEET THE STANDARDS CRITERIA
FOR BEING A NATURAL FATHER UNDER THIS SECTION CLAIMS TO BE THE
NATURAL FATHER.

(2)  AFTER RECEIPT OF NOTICE UNDER THIS SUBSECTION,
THE COURT SHALL HOLD A HEARING ON THE ISSUE OF PATERNITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
68(e).

Throughout this section, the term "natural father" is
substituted for the former word "father" to avoid
confusion with an adoptive father.

Throughout subsection (a) of this section, the word
"individual" is substituted for the former word
"child", for consistency with other provisions in this
subtitle.

In subsection (a)(6) of    this section, the    word

"orally" is substituted      for      the former      word

"verbally", for clarity    and    in accordance    with
legislative intent.

For several reasons, the Commission to Revise the
Annotated Code calls this section to the attention of
the General Assembly. First, under a literal reading
of subsection (a) of this section, more than 1 man
could be the "natural father" of the same child, as,
for example, when 1 man was married to the natural
mother at conception and a different man was married
to the natural mother at birth. This presents the
possibility that the consent of multiple "natural
fathers" could be required. Secondly, the General
Assembly may have intended that the denial of
paternity exception in subsection (a)(3) and (4) of
this section also apply to subsection (a)(1) and (2)
of this section. Finally, subsection (b) of this