2060

LAWS OF MARYLAND

Ch. 296

In the introductory language of subsection (a) of this
section, the phrase "under this subtitle" is new
language added for clarity.

In subsection (b)(2) of this section, the phrase "from
the deceased father's estate", which modifies "an
amount", is new language added for clarity.

In subsection (b)(2)(ii) of this section, the former
phrase "if the decedent had died leaving a legitimate
child or children or descendants of such deceased
child" is deleted as unnecessary.

The only changes are in style.

The Commission to Revise the Annotated Code recommends
that the General Assembly consider repealing this
section, which provides that a father's duty to
support a child born out of wedlock continual after
the father's death. In situations where a child is
born in wedlock, the common law applies and a parent's
duty to support the child normally terminates with the
parent's death. The common law rule also appears to
apply to the obligation of a mother to support her
child born out of wedlock. This essentially unique
treatment of the father of a child born out of wedlock
may raise constitutional questions.

Defined terms: "Summons" § 1-101
"Support" § 1-101

5-1044. RIGHT OF APPEAL.

A PARTY HAS THE RIGHT TO APPEAL FROM AN ORDER UNDER THIS
SUBTITLE TO THE COURT OF SPECIAL APPEALS, AS PROVIDED IN TITLE
12, SUBTITLE 3 OF THE COURTS ARTICLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
66K.

5-1045. RESERVED.

5-1046. RESERVED.

PART VII. MISCELLANEOUS PROVISIONS.

5-1047. PATERNITY DOCKET.

(A) DUTY OF CLERKS.

THE CLERK OF THE CIRCUIT COURT SHALL KEEP A DOCKET KNOWN AS
THE "PATERNITY DOCKET".

(B) CONTENTS OF DOCKET.