HARRY HUGHES, Governor

2031

Subsection (b) of this section formerly appeared as
the second sentence of CJ § 3-602(b).

In subsection (b) of this section, the former phrase
"or preclude" is deleted as included in the term
"limit".

The only other changes are in style.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that this
section perpetuates an ambiguity by using language
contained in former CJ § 3-602(a)(2) and (b).
Subsection (b) of this section and former CJ §
3-602(b) provide that a paternity proceeding is
precluded after legitimation of a child under "this
section". The reference to "legitimation" is to a
determination of legitimacy "pursuant to" ET § 1-208.
In Thomas v. Solis, 263 Md. 536 (1971), the Court of
Appeals found that ET § 1-208 could be used by a
living father to establish his own paternity and
parental rights, since paternity proceedings are
unavailable to the father. One interpretation of
subsection (a) of this section (and of former CJ §
3-602(a)(2)) is that the statutory language is simply
a codification of Thomas v. Solis.

5-1006. LIMITATIONS.

(A)   IN GENERAL.

A PATERNITY PROCEEDING UNDER THIS SUBTITLE SHALL BE BEGUN
WITHIN 2 YEARS AFTER THE LAST TO OCCUR OF THE FOLLOWING EVENTS:

(1)  THE CHILD'S BIRTH;

(2)  THE MOTHER'S 18TH BIRTHDAY, IF THE MOTHER WAS A
MINOR WHEN THE CHILD WAS BORN; OR

(3)  WHEN THE ALLEGED FATHER:

(I) ACKNOWLEDGED THE PATERNITY OF THE CHILD IN
WRITING; OR

(II) MADE PAYMENT OR OTHERWISE PROVIDED FOR THE
SUPPORT OF THE CHILD.

(B)  COMPLAINT DURING PREGNANCY.

A PATERNITY PROCEEDING UNDER THIS SUBTITLE MAY BE BEGUN
DURING PREGNANCY.

(C) OUT-OF-STATE CONCEPTION OR BIRTH.