Maryland The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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FAQ

Establishing Paternity is Essential An unmarried father needs to sign the child's birth certificate and obtain an affidavit of parentage before the child reaches 18, which is the age of majority. Unmarried fathers rights will only be enforced in Maryland if paternity has been officially established.

Maryland is one of many states that allow a child to weigh in with their preferences at 16 years of age. It also allows children 16 years and older to petition the court for a change of custody if they're not happy with the arrangement ordered in the initial decree.

In Maryland: If the mother is married at the time of conception or birth of a child, the law presumes her husband is the child's legal father even though he may not be the child's birth father.

If you and the mother are not married to each other, you can only be listed on the birth certificate if you have signed an Affidavit of Parentage or a court has found that you are the father. You have the right to petition the court to have yourself declared the child's father.

Marital Presumption Maryland has a rebuttable presumption that a child legitimately belongs to the man the child's mother was married to at the time of conception. Rebuttable presumption means the court will assume that to be the truth unless it is challenged.

Establishing paternity is the process of establishing the legal fatherhood of a child. In Maryland: If the mother is married at the time of conception or birth of a child, the law presumes her husband is the child's legal father even though he may not be the child's birth father.

Marital Presumption A child born or conceived during a marriage is presumed to be the legitimate child of both spouses. There is a rebuttable presumption that the child is the legitimate child of the man to whom the child's mother was married at the time of conception.

As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

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Maryland The Rights of Presumed (Putative) Fathers