Maryland Paternity Law
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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