How Do You Establish Paternity in Maryland?

When a married couple has a child in Maryland, both parents are automatically recognized as legal guardians, sharing all associated rights, privileges, and responsibilities of parenthood. This includes decisions related to the child’s healthcare, education, welfare, and financial duties like child support. However, for unmarried couples, the circumstances are quite different. In such cases, only the mother is automatically deemed the legal parent, meaning the father does not automatically obtain the accompanying rights of legal parenthood. This absence of legal acknowledgment can hinder the father from accessing essential benefits, including custody rights, visitation, and decision-making authority for the child. To secure his rights and responsibilities as a legal father, he must take extra measures to establish paternity.

What Does It Mean To Establish Paternity?

In Maryland, establishing paternity is a legal procedure formally recognizing a child’s biological father as the legal parent. This acknowledgment is important for various reasons, including securing the child’s rights to financial support, inheritance, and access to healthcare and benefits. Additionally, establishing paternity provides a legal framework for the father-child relationship, enabling visitation rights and emotional connections. By legally establishing paternity, the rights and responsibilities of the father and child can be effectively recognized and maintained.

Establishing Paternity in Maryland

In Maryland, there are three established methods for determining paternity. They include the following:

Marital Presumption

This applies when a child is born to married parents. Under Maryland law, the husband is automatically regarded as the child’s father, simplifying paternity acknowledgment in such cases. 

Affidavit of Parentage

Unmarried parents can establish paternity through an Affidavit of Parentage, a legal document both parents sign to confirm their acknowledgment of the child’s parentage. Generally, it is filled out at the hospital when the child is born, ensuring legal recognition of the father’s rights and obligations. 

Going to Court

If either parent disputes paternity, they can initiate court proceedings to establish paternity. This process includes filing a petition and may involve genetic testing to verify biological links. The court’s ruling produces a legal paternity record, which affects custody, visitation, and child support arrangements.

Canceling an Affidavit of Parentage

If you signed an Affidavit of Parentage believing you were the child’s father but later discover evidence suggesting otherwise, or if the mother changes her mind about the father’s identity, you can rescind or cancel the Affidavit.

The steps you must follow depend on the time that has elapsed since you signed the Affidavit. To initiate the rescission process, if your signature date differs from the mother’s, start counting 60 days from the most recent signature. 

If it has been over 60 days since signing, simply submitting a Rescission Form will not suffice. In that case, you must obtain a court order to formally nullify the Affidavit of Parentage. This usually requires filing a petition in family court, where you may need to present evidence and attend a hearing. 

Considering the legal and emotional implications of an Affidavit of Parentage, if you have doubts about paternity or if the child’s mother has indicated you may not be the biological father, a paternity test can clarify the situation and help you make informed choices before assuming legal responsibilities.

Consequences of Canceling of Parentage

Canceling an Affidavit of Parentage in Maryland has significant legal implications, as it effectively terminates the recognized relationship between the legal father and the child. This action means that the legal father will no longer hold parental rights or responsibilities for the child.  Consider consulting with an experienced Maryland family law attorney to navigate these proceedings effectively and understand all potential consequences.

Contact Us To Learn More About Establishing Paternity in Maryland

If you have further questions regarding paternity, want more information about establishing paternity in Maryland, or need to file for child support or custody, contact Rice Law today.