S.B. 114

VETOES

BY repealing and reenacting, with amendments,
Article - Family Law
Section 5-1006 and 5-1038
Annotated Code of Maryland
(1991 Replacement Volume and 1994 Supplement)

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 PROCEEDING TO ESTABLISH PATERNITY OF A CHILD UNDER THIS
SUBTITLE MAY BE 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 child born out
of wedlock was conceived or born outside this State.

5-1038.

[(a) (1) Except 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 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] NOTWITHSTANDING ANY OTHER
LAW OR RULE, 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.

- 3668 -