At Brodsky Renehan Pearlstein & Bouquet, we recognize the significance of establishing paternity legally for the sake of identity, support, and the overall well-being of families. If you’re asking, “How is paternity established in Maryland?”, the simple answer is: there are three primary statutory pathways under Maryland law.
What Does “Establishing Paternity” Mean?
In Maryland, establishing paternity means legally identifying the father of a child, allowing the child to access associated rights (inheritance, benefits, and a father-child relationship), and enabling the father to assume legal rights and responsibilities (child support, custody/visitation rights). Once paternity is established, the father becomes a legal parent, not just a biological one. That is why working with a Maryland family lawyer can be critical if questions or disputes arise.
Three Statutory Paths to Legal Fatherhood in Maryland
1. Marital Presumption
If the child’s mother is married at the time of conception or birth, Maryland law presumes her husband is the father. According to Maryland Family Law §5-306(a)(1) and (2), a man is the father if he was married to the child’s mother at the time of conception or birth unless the court excludes him.
Bottom line: If a married couple has a child, fatherhood is automatically assumed, unless it is legally challenged.
2. Affidavit of Parentage (Voluntary Acknowledgement)
For children born to unmarried parents, the simplest route is for both parents to sign the Affidavit of Parentage, which will result in the man being identified as the child’s father on the birth certificate.
- The form can be signed at the hospital at birth or at any time before the child turns 18.
- Once signed and filed, the father is legally recognized, and no further court action is required.
- If the father or mother later has doubts, the affidavit can be rescinded within 60 days of signing with a signed denial of paternity. After 60 days, rescission requires a court finding of fraud, duress, or mistake.
Why this matters: If you’re unmarried and want to be the legal father (or protect yourself from unwanted legal obligation), this route is key.
3. Judicial Declaration (Court Order)
If paternity is contested, unclear, or none of the above applies, paternity can be established through a court proceeding. Under Subtitle 10 of Maryland’s Family Law Code, Title 5 (Paternity Proceedings), the statute sets out how a complaint is filed, service is made, genetic testing is ordered, and a court enters an order.
Key steps in this pathway:
- One party (the mother, alleged father, or the state, through child support enforcement) files a petition.
- The court may order genetic testing if contested.
- If the test confirms fatherhood (or if the father admits paternity under oath and the mother does not object), the court declares the father.
Crucial point: Without the legal establishment of paternity, the father cannot fully exercise custody/visitation rights, and the child cannot automatically receive the father’s benefits.
The Process: Step-by-Step View
Here is how it typically unfolds when paternity is not presumptively established.
Step 1: Determine Which Path Applies
If the mother was married at conception or birth → marital presumption path.
If parents are unmarried → consider the Affidavit of Parentage (if both agree) or the judicial path (if contested).
Step 2: Voluntary Affidavit (If Chosen)
- Hospital staff may provide the form at birth, or you can obtain it from the Division of Vital Records.
- Both parents sign, and if outside the hospital, the documents are notarized, then submitted.
- Once accepted, the father’s name can be added to the birth certificate, establishing the legal parent-child relationship.
Bear in mind: If there is a possibility of more than one father, do not sign without clarity. The affidavit is binding.
Step 3: Court Filing (If Needed)
- File a petition under the Paternity Proceedings statute.
- Serve the other party with a summons, and the answer period begins.
- Genetic testing may be ordered; labs must meet accuracy requirements.
- The court holds a hearing. If the father admits or the test confirms, the court enters an order.
- Once an order is entered, it will address parenthood and may concurrently address support, custody, and visitation.
Step 4: After The Order
- The father is legally the parent: the child may inherit, be listed on the birth certificate, and receive benefits.
- The father gains rights to seek custody or visitation; simultaneously, he holds responsibilities such as child support.
- If paternity is based on an affidavit, rescission is limited to within 60 days or via court for fraud, duress, or mistake.
Why It Matters (For Everyone Involved)
- For the child: A legal father means a clearer identity, better access to health history, benefits (e.g., social security, veteran’s benefits, life insurance), and inheritance rights.
- For the father: Legal rights to custody and visitation hinge on legal parenthood. Without paternity, these rights may be unavailable.
- For the mother/caregiver: Establishing paternity ensures financial support and shared responsibility—whether voluntary or required by court.
- For the state/public interest: When a father is established, child support mechanisms can function properly rather than children relying on public assistance.
Common Questions About Establishing Paternity
Can Paternity Be Challenged Once Established?
- If by affidavit: within 60 days you may rescind using the authorized form. After 60 days you must go to court and show fraud, duress, or a material mistake of fact.
- If by genetic testing and court order: it is very difficult to challenge. A test result under court order generally cannot later be disestablished.
Is DNA Testing Always Required?
No. If the father admits paternity under oath and the mother does not object, the court can declare fatherhood without testing.
If The Father Is Married To Someone Else, Can He Sign An Affidavit?
Yes, under Maryland law a man can sign the affidavit even if married to someone else.
What Happens If No Paternity Is Established?
The father may lack legal rights to visitation and custody, and the child may not receive certain benefits. Notwithstanding, the mother or the state may still seek to establish paternity and enforce support later.
Why Work With Us
When you contact Brodsky Renehan Pearlstein & Bouquet, you work with a team versed in family law, including the specific statutes and procedures that govern paternity in Maryland. Navigating voluntary acknowledgments, contested court actions, and support or visitation rights demands precision and timing. We help you understand your options and protect your rights, whether you are a mother, a father, or a child’s caregiver.
Call us today to schedule a consultation. Let us walk you through your case and ensure you are making a fully informed decision.
Final Thoughts
Establishing paternity in Maryland is more than just paperwork, it is a legal foundation that affects identity, rights, responsibilities, and a child’s future. Whether your situation is straightforward or contested, understanding the process is the first step. And we are here to help you move forward with clarity and confidence.
Frequently Asked Questions
What if the mother was married to someone else at the time the child was born, but a different man says he is the father?
If the child was born or conceived during a marriage, the husband is presumed the father. That presumption may be rebutted, but only under certain conditions and depending on the circumstances.
Can I sign the Affidavit of Parentage at the hospital immediately after the birth of my child?
Yes. Hospital staff in Maryland often provide the form and can witness the signing at no charge. Alternatively, you may take the form home, sign it in the presence of a notary, and mail it.
If I sign the Affidavit, can I later change my mind?
You can rescind within 60 days of signing without court review. After that, only via a court showing fraud, duress, or material mistake of fact.
Does Establishing Paternity Automatically Give Custody Rights?
Not automatically. Legal fatherhood gives the right to petition for custody or visitation, but the court will still decide based on the child’s best interests.
Who Pays For Genetic Testing If Required By The Court?
Typically, the party requesting the test pays the initial cost. If the requesting party prevails, the court may order the other party to reimburse costs.
If you have a specific circumstance, such as a contested paternity, sign-off issues, or questions about custody and support after paternity is established, please let us know, and we can walk you through that scenario together.
