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Session Laws, 1985
Volume 760, Page 2441   View pdf image
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HARRY HUGHES, Governor                                      2441

Preamble

In June 1983, in Pickett v. Brown, 462 U.S. 1, the Supreme
Court of the United States held that a Tennessee 2 year statute
of limitations in paternity cases was unconstitutional. In
August 1983, the Maryland Court of Appeals, in Frick v.
Maldonado, 296 Md. 304, noted that the Maryland act is similar to
the Tennessee act, and therefore held the Maryland provision
unconstitutional.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-1006.

(a) [A paternity proceeding under this subtitle shall be
begun within 2 years after the last to occur of the following
events:

(1)  the child's birth;

(2)  the mother's 18th birthday, if the mother was a
minor when the child was born; or

(3)  when the alleged father:

(i) acknowledged the paternity of the child in
writing; or

(ii) made payment or otherwise provided for the
support of the child.

(b)] A paternity proceeding under this subtitle may be
begun during pregnancy.

[(c)] (B) A complaint under this subtitle is not barred
because the child born out of wedlock was conceived or born
outside this State.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 21, 1985.

 

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Session Laws, 1985
Volume 760, Page 2441   View pdf image
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