HARRY HUGHES, Governor                                    2047

REVISOR'S NOTE: This section is new language derived
without substantive change from the second, third, and
fourth sentences of former Article 16, § 66F(d).

In subsection (b) of this section, the phrase "for the
jury" is substituted for the former phrase "to be
submitted for determination by the jury", for brevity.

The first sentence of former Article 16, § 66F(d),

which related to empanelling of the jury,   is deleted

as unnecessarily repetitive of the Maryland  Rules and
Title 8, Subtitle 2 of the Courts Article.

Defined term: "Including" § 1-101

5-1028. BURDEN OF PROOF; PRESUMPTIONS; TESTIMONY.

(A)  BURDEN OF PROOF.

AT THE TRIAL, THE BURDEN IS ON THE COMPLAINANT TO ESTABLISH
BY A PREPONDERANCE OF THE EVIDENCE THAT THE ALLEGED FATHER IS THE
FATHER OF THE CHILD.

(B)  COMPETENCY TO TESTIFY.

BOTH THE MOTHER AND THE ALLEGED FATHER ARE COMPETENT TO
TESTIFY AT THE TRIAL.

(C)  PRESUMPTION.

(1)  THERE IS A REBUTTABLE PRESUMPTION THAT THE CHILD
IS THE LEGITIMATE CHILD OF THE MAN TO WHOM ITS MOTHER WAS MARRIED
AT THE TIME OF CONCEPTION.

(2)  THE PRESUMPTION SET FORTH IN THIS SUBSECTION MAY
BE REBUTTED BY THE TESTIMONY OF A PERSON OTHER THAN THE MOTHER OR
HER HUSBAND THAT THE MOTHER LIVED SEPARATE AND APART FROM HER
HUSBAND AT THE TIME OF CONCEPTION.

(3)  IF IT IS SHOWN THAT THE MOTHER AND HUSBAND LIVED
SEPARATE AND APART AT THE TIME OF CONCEPTION, IT IS NOT NECESSARY
TO ESTABLISH NONACCESS OF THE HUSBAND TO REBUT THE PRESUMPTION
SET FORTH IN THIS SUBSECTION.

(4)  IF THE COURT DETERMINES THAT THE MOTHER AND HER
HUSBAND LIVED SEPARATE AND APART AT THE TIME OF CONCEPTION, BOTH
THE MOTHER AND HER HUSBAND ARE COMPETENT TO TESTIFY AS TO THE
NONACCESS OF THE HUSBAND AT THE TIME OF CONCEPTION.

(D)  COMPELLING ALLEGED FATHER TO GIVE EVIDENCE.

THE ALLEGED FATHER MAY NOT BE COMPELLED TO GIVE EVIDENCE AT
THE TRIAL.