2048

LAWS OF MARYLAND

Ch. 296

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
66F(b), except as the first sentence of that
subsection related to waiver of a jury trial.

In subsection (a) of this section, the phrase "by a
preponderance of the evidence" is substituted for the
former phrase "by the weight of evidence required in
other civil cases", for clarity and brevity.

In subsection (c)(1) of this section, the former
references to the complaint alleging or the court
determining that the mother was married at the time of
conception are deleted as unnecessary.

5-1029. BLOOD TESTS.

(A)  IN GENERAL.

ON THE MOTION OF A PARTY TO THE PROCEEDING OR ON ITS OWN
MOTION, THE COURT SHALL ORDER THE MOTHER, CHILD, AND ALLEGED
FATHER TO SUBMIT TO BLOOD TESTS TO DETERMINE WHETHER THE ALLEGED
FATHER CAN BE EXCLUDED AS BEING THE FATHER OF THE CHILD.

(B)  APPROVED LABORATORY REQUIRED.

THE BLOOD TESTS SHALL BE MADE IN A LABORATORY SELECTED BY
THE COURT FROM A LIST OF LABORATORIES PROVIDED BY THE
ADMINISTRATION.

(C)  FORM OF TEST RESULTS.

THE LABORATORY SHALL REPORT THE RESULTS OF EACH BLOOD TEST
IN WRITING AND IN THE FORM THE COURT REQUIRES.

(D)  COPIES OF TEST RESULTS.

A COPY OF THE RESULTS OF EACH BLOOD TEST SHALL BE PROVIDED
TO THE PARTIES OR THEIR COUNSEL IN THE MANNER THAT THE COURT
DIRECTS.

(E)  RESULTS OF TEST AS EVIDENCE.

(1)  THE RESULTS OF EACH BLOOD TEST MAY BE RECEIVED IN
EVIDENCE IF:

(I)  DEFINITE EXCLUSION IS ESTABLISHED; OR

(II)  THE TESTING IS SUFFICIENTLY EXTENSIVE TO
EXCLUDE 97.3% OF ALLEGED FATHERS WHO ARE NOT BIOLOGICAL FATHERS,
AND THE STATISTICAL PROBABILITY OF THE ALLEGED FATHER'S PATERNITY
IS AT LEAST 97.3%.

(2)  A LABORATORY REPORT IS PRIMA FACIE EVIDENCE OF
THE RESULTS OF A BLOOD TEST.