2034

LAWS OF MARYLAND

Ch. 296

(2) THE COURT OTHERWISE SAFEGUARDS THE ALLEGED
FATHER'S RIGHT TO A JURY TRIAL.

(F)  OATH OF MOTHER.

(1)  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,
A COMPLAINT FILED UNDER THIS SUBTITLE SHALL BE SUPPORTED BY THE
OATH OF THE MOTHER OR PREGNANT WOMAN, WHETHER OR NOT SHE IS A
PARTY TO THE PATERNITY PROCEEDING.

(2)  THE COMPLAINT MAY BE FILED WITHOUT THE OATH IF
THE MOTHER OR PREGNANT WOMAN:

(I)  IS DEAD;

(II)  REFUSES TO FILE A COMPLAINT;

(III)  REFUSES TO DISCLOSE THE IDENTITY OF THE
FATHER OF THE CHILD;

(IV)  IS MENTALLY OR PHYSICALLY INCAPABLE OF
MAKING AN OATH; OR

(V)  REFUSES TO MAKE THE OATH.

(3)  IF THE COMPLAINT IS FILED WITHOUT AN OATH UNDER
PARAGRAPH (2) OF THIS SUBSECTION:

(I)  THE COMPLAINANT SHALL VERIFY THE FACT OF
THE PREGNANCY OR BIRTH; AND

(II)  IF THE MOTHER OR PREGNANT WOMAN IS LIVING,
SHE SHALL BE MADE A DEFENDANT.

(G)  CONSENT OF STATE'S ATTORNEY.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE CLERK OF COURT MAY NOT RECEIVE A COMPLAINT
STARTING PATERNITY PROCEEDINGS UNLESS THE CONSENT OF THE STATE'S
ATTORNEY IS ATTACHED TO THE COMPLAINT.

(2)  THE CONSENT OF THE STATE'S ATTORNEY IS NOT
REQUIRED IF:

(I)  THE COMPLAINT IS FILED ON BEHALF OF THE
ADMINISTRATION; OR

(II)  AFTER CONSIDERING TESTIMONY OR INFORMATION
GIVEN BY AFFIDAVIT, OR BOTH, THE COURT:

A.  FINDS THAT THE COMPLAINT IS
MERITORIOUS; AND

B.  RULES THAT THE CONSENT IS NOT
REQUIRED.