Establishing and Disestablishing Paternity in Maryland

There are multiple ways for a party to establish paternity however these methods vary depending on whether or not the parents are married at the time of the child's birth. The goal of paternity statutes is to protect the child by establishing legal fathers who will be required to support their minor child. When parties are married there is a presumption that any child born during the marriage is a result of that marriage, this is to avoid illegitimacy and to protect the stability of the marital family, and this presumption will be placed before the rights of the biological father. However for cases of unmarried parents establishing paternity can be done either through a Judicial Declaration as a result of a paternity lawsuit or by voluntary acknowledgement of the father through which paternity can be established without having to go to court. To disestablishing paternity in Maryland is governed by statutory provision 5-1038, Finality of Orders, Modification. This statute says that paternity can be disestablished through genetic testing where the results exclude the individuals named as the father from being the biological father. In Maryland once paternity has been disestablished an individuals obligations to the child are terminated however this does not have any retroactive effect and will not result in the repayment of support paid to the child or erase arrears that have not yet been paid.