Ch. 248                                        1995 LAWS OF MARYLAND

(II) 1. IF A BLOOD OR GENETIC TEST DONE IN ACCORDANCE
WITH § 5-1029 OF THIS SUBTITLE ESTABLISHES THE DEFINITE EXCLUSION OF TUG
INDIVIDUAL NAMED AS THE FATHER IN THE ORDER; AND

2. ON A SHOWING OF FRAUD.

(b) Except for a declaration of paternity, the] THE court may modify or set aside
any order or part of an order under this subtitle as the court considers just and proper in
light of the circumstances and in the best interests of the child.

5-1006.

(A) A PROCEEDING TO ESTABLISH PATERNITY OF A CHILD UNDER THIS SUBTITLE
MAYBE BEGUN AT ANY TIME BEFORE THE CHILD'S EIGHTEENTH BIRTHDAY.

[(a)](B) A paternity proceeding under this subtitle may be begun during pregnancy.

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

5-1038.

(a)      (1) Except fin the manner and to the extent that any order or decree of an equity
court is subject to the revisory power of the court under any law, rule, or established principle
of practice and procedure in equity] AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, a declaration of paternity in an order is final:

(2) (I) A DECLARATION OF PATERNITY MAY BE MODIFIED OR SET ASIDE:

A. IN THE MANNER AND TO THE EXTENT THAT ANY ORDER OR
DECREE OF AN EQUITY COURT IS SUBJECT TO THE REVISORY POWER OF THE COURT
UNDER ANY LAW, RULE, OR ESTABLISHED PRINCIPLE OF PRACTICE AND PROCEDURE IN
EQUITY; OR

B. IF A BLOOD OR GENETIC TEST DONE IN ACCORDANCE WITH
§ 5-1029 OF THIS SUBTITLE ESTABLISHES THE EXCLUSION OF THE INDIVIDUAL NAMED
AS THE FATHER IN THE ORDER.

(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A
DECLARATION OF PATERNITY MAY NOT BE MODIFIED OR SET ASIDE IF THE INDIVIDUAL
NAMED IN THE ORDER ACKNOWLEDGED PATERNITY KNOWING HE WAS NOT THE
FATHER.

(b)     Except for a declaration of paternity, the court may modify or set aside any order
or part of an order under this subtitle as the court considers just and proper in light of the
circumstances and in the best interests of the child.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 9, 1995.

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