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Session Laws, 1997
Volume 795, Page 3342   View pdf image
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Ch. 609

1997 LAWS OF MARYLAND

5-1029.

(A) (1) IN CONNECTION WITH CARRYING OUT ITS RESPONSIBILITIES
UNDER STATE AND FEDERAL LAW, THE ADMINISTRATION MAY ISSUE A DIRECTIVE
THAT REQUIRES ANY INDIVIDUAL TO SUBMIT TO BLOOD OR GENETIC TESTS
THE
ADMINISTRATION MAY REQUEST THE MOTHER. CHILD. AND ALLEGED FATHER TO
SUBMIT TO BLOOD OR GENETIC TESTS.

(2) IF A PERSON THE MOTHER. CHILD, OR ALLEGED FATHER FAILS TO
OBEY A DIRECTIVE FROM COMPLY WITH THE REQUEST OF THE ADMINISTRATION,
THE ADMINISTRATION MAY APPLY TO THE CIRCUIT COURT FOR AN ORDER THAT
DIRECTS THE INDIVIDUAL TO SUBMIT TO THE TESTS.

[(a)] (B) On the motion of THE ADMINISTRATION, a party to the proceeding, or
on its own motion, the court shall order the mother, child, and alleged father to submit to
blood or genetic tests to determine whether the alleged father can be excluded as being
the father of the child.

[(b)](C) The blood or genetic tests shall be made in a laboratory selected by the
court from a list of laboratories provided by the Administration.

[(c)](D) The laboratory shall report the results of each blood or genetic test in
writing and in the form the court requires.

[(d)](E) A copy of the laboratory report of the blood or genetic test shall be
provided to the parties or their counsel in the manner that the court directs.

[(e)](F) (1) Subject to the provisions of paragraph (3) of this subsection, the
laboratory report of the blood or genetic test shall be received in evidence if:

(i) definite exclusion is established; or

(ii) the testing is sufficiently extensive to exclude 97.3% of alleged
fathers who are not biological fathers, and the statistical probability of the alleged father's
paternity is at least 97.3%.

(2)     A laboratory report is prima facie evidence of the results of a blood or
genetic test.

(3)     (i) Subject to the provisions of subparagraph (ii) of this paragraph,
the laboratory report of the blood or genetic test is admissible in evidence without the
presence of a doctor or technician from the laboratory that prepared the report if the
report:

1.       is signed by the doctor or technician who prepared or verified
the report; and

2.       states that the result of the blood or genetic test is as stated
in the report.

(ii) When the laboratory report of the blood or genetic test is admitted
in evidence, a doctor or technician from the laboratory that prepared the report is subject

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Session Laws, 1997
Volume 795, Page 3342   View pdf image
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