Maryland Paternity Law

This page about Maryland paternity laws is provided as general information only. Journey Genetic Testing does not provide legal advice or representation. We encourage you to research your state laws for the most current information, or contact a family law attorney.

Maryland Paternity Law: Title 1- Estates of Decendents

§ 1-206. Legitimate child.

(a) Marriage of parents.- A child born or conceived during a marriage is presumed to be the legitimate child of both spouses. Except as provided in § 1-207, a child born at any time after his parents have participated in a marriage ceremony with each other, even if the marriage is invalid, is presumed to be the legitimate child of both parents.

(b) Artificial insemination.- A child conceived by artificial insemination of a married woman with the consent of her husband is the legitimate child of both of them for all purposes. Consent of the husband is presumed.
[An. Code 1957, art. 93, § 1-206; 1974, ch. 11, § 2.]

§ 1-208. Illegitimate child.

(a) Child of his mother.- A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of his mother.

(b) Child of his father.- A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of his father only if the father:

(1) Has been judicially determined to be the father in an action brought under the statutes relating to paternity proceedings;

(2) Has acknowledged himself, in writing, to be the father;

(3) Has openly and notoriously recognized the child to be his child; or

(4) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father.
[An. Code 1957, art. 93, § 1-208; 1974, ch. 11, § 2; 1996, ch. 10, § 1.]

§ 1-209. Issue.

(a) In construing all provisions of the estates of decedents law and, unless a contrary intention is indicated, in construing the terms of a will, issue means every living lineal descendant except a lineal descendant of a living lineal descendant.

(b) A person who is treated as a child of a person pursuant to §§ 1-205 through 1-208 shall be considered for all purposes as:

(1) A lineal descendant of the person; and

(2) Subject to the exception in the first sentence of this section, a lineal descendant of all persons of whom the person is a lineal descendant.
[An. Code 1957, art. 93, § 1-209; 1974, ch. 11, § 2; 1980, ch. 117.]

§ 5-202. Child of void marriage.

When a criminal or equity court of this State annuls a marriage, or when an equity court of this State decrees an absolute divorce for a reason that makes the marriage void ab initio, the court in the decree shall declare each child of the marriage to be a legitimate child of the parties to the marriage.
[An. Code 1957, art. 16, § 27; 1984, ch. 296, § 2.]

Required Probability of Paternity for Maryland Courts: 97.3%
Required Paternity Index: None

For a list of locations where we provide an approved paternity test in the state of California, please click Paternity Testing In Maryland.