HARRY HUGHES, Governor

2191

Former Article 16, § 76(c), which created a presumption that
it is in the best interests of a child who has been under
continuous foster care in the custody of a child placement agency
for at least 2 years, to award guardianship to the child
placement agency without the consent of the parents, is deleted
as violative of a parent's right to procedural due process.

The provision in former Article 72A, § 3 of the Code that
gave certain exclusive rights to the mother of an illegitimate
child is deleted as violative of the Maryland Equal Rights
Amendment.

Several other provisions are retained, but the Commission
notes that they may be unconstitutional. The provisions of §
2-408 of this article represent an attempt to prohibit the
advertising of the services of individuals who are authorized to
perform marriages, and may be an unconstitutional limitation on
First Amendment rights. Section 5-1006 of this article, which
provides a statute of limitations in paternity actions, may
unconstitutionally deny equal rights and due process to
illegitimate children. Sections 5-1035 and 5-1042 of this
article, by permitting a court to order a man to remain in this
State, if he has been adjudged to be the father of an
illegitimate child, may unconstitutionally abridge the right to
travel.

Former Article 45, §§ 1 through 21 of the Code and former
Article 16, §§ 40 through 42 of the Code, which are revised as
Title 4, Subtitles 1 and 2 of this article, are commonly referred
to as the "Married Women's Property Act". These provisions
present special problems in light of the Maryland Equal Rights
Amendment. An Introductory General Revisor's Note following §
4-101 of this article, and the notes throughout Subtitles 1 and 2
of Title 4 of this article describe these problems in detail and
make suggestions as to their solutions.

SECTION 3. AND BE IT FURTHER ENACTED, That Sections 66(h)
and 66N of Article 16 - Chancery, be and they are hereby repealed
and reenacted, with amendments, and transferred from the
Annotated Code of Maryland to the Session Laws, to read as
follows:

Article 16 - Chancery

[66.]

[(h)] 1. If proceedings were instituted under [the] former
Article 12 of [this] THE Code, Title "Bastardy and Fornication",
prior to June 1, 1963, the further running of the period of
limitations [as provided for in subsection (e) shall be] IS
suspended.

[66N.]