PARRIS N. GLENDENING, Governor

Ch. 609

(d)     (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AN executed affidavit of parentage constitutes a [rebuttable presumption]
LEGAL FINDING of parentage in a paternity proceeding.

(2) (I) A FINDING OF PATERNITY ESTABLISHED UNDER THIS SECTION
MAY BE SET ASIDE ONLY IF ANY SIGNATORY TO THE AFFIDAVIT OF PARENTAGE
RESCINDS THE AFFIDAVIT IN WRITING ON OR BEFORE:

1. 60 DAYS AFTER EXECUTING THE AFFIDAVIT; OR

2. THE DATE OF ANY ADMNISTRATIVE OR JUDICIAL
PROCEEDING RELATING TO THE CHILD IN WHICH THE SIGNATORY IS A PARTY.

(II) A PARTY CHALLENGING A LEGAL FINDING OF PATERNITY
UNDER THIS SECTION HAS THE BURDEN OF PROOF OF SHOWING THAT THE
AFFIDAVIT OF PARENTAGE WAS EXECUTED BECAUSE OF FRAUD, DURESS, OR A
MATERIAL MISTAKE OF FACT, SUBJECT TO THE RIGHT OF ANY SIGNATORY TO
RESCIND THE AFFIDAVIT:

(I)      IN WRITING WITHIN 60 DAYS AFTER EXECUTION OF THE
AFFIDAVIT; OR

(II)     IN A JUDICIAL PROCEEDING RELATING TO THE CHILD:

1.       IN WHICH THE SIGNATORY IS A PARTY; AND

2.       THAT OCCURS BEFORE THE EXPIRATION OF THE 60-DAY
PERIOD.

(2) (I) AFTER THE EXPIRATION OF THE 60-DAY PERIOD, AN
EXECUTED AFFIDAVIT OF PARENTAGE MAY BE CHALLENGED IN COURT ONLY ON
THE BASIS OF FRAUD, DURESS, OR MATERIAL MISTAKE OF FACT.

(II) THE BURDEN OF PROOF SHALL BE ON THE CHALLENGER TO
SHOW FRAUD, DURESS, OR MATERIAL MISTAKE OF FACT.

(III) THE LEGAL RESPONSIBILITIES OF ANY SIGNATORY ARISING
FROM THE AFFIDAVIT, INCLUDING CHILD SUPPORT OBLIGATIONS, MAY NOT BE
SUSPENDED DURING THE CHALLENGE. EXCEPT FOR GOOD CAUSE SHOWN.

(e)     The Administration shall prepare written information to be furnished to
unmarried mothers under § 4-208 of the Health - General Article concerning the
benefits of having the paternity of their children established, including the availability of
child support enforcement services.

(f)     The Department shall make the standardized affidavit forms available to all
hospitals in the State.

(g)     The Secretary, in consultation with the Department of Health and Mental
Hygiene and the Maryland Hospital Association, shall adopt regulations governing the
provisions of this section and § 4-208 of the Health - General Article.

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