How do I establish paternity in Maryland?
Maryland paternity law is in the Maryland Code, Family Law Article, Title 5, Subtitle 10.
1. Affidavit of Parentage
Form DHMH 4380 is signed by both parents at the hospital or later at any local health department or child support office, witnessed by a notary, and filed with the Division of Vital Records (MDH). Under Md. Code, Fam. Law § 5-1028(c)(1) the affidavit "constitutes a legal finding of paternity, subject to the right of any signatory to rescind." A signatory may rescind within the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child (§ 5-1028(d)(1)). After 60 days, challenges are limited to fraud, duress, or material mistake of fact (§ 5-1038(a)).
2. Court-Ordered Paternity
A complaint to establish paternity under Md. Code, Fam. Law § 5-1006 may be filed by the mother, alleged father, child (by next friend), or the Child Support Administration in the circuit court of the county where any party resides. Under § 5-1029 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; a 99% probability creates a rebuttable presumption (§ 5-1029(f)).
3. Presumption of Paternity
Under Md. Code, Fam. Law § 5-1027(c) a child born or conceived during a marriage is presumed to be the legitimate child of both spouses. The presumption may be rebutted by clear and convincing evidence and is subject to best interests of the child analysis under Davis v. Wicomico County Bureau, 447 Md. 302 (2016).
4. Effects of Establishing Paternity
Triggers child-support liability under Md. Code, Fam. Law § 12-204 and the Maryland Child Support Guidelines, opens custody and visitation under § 9-101, vests intestate inheritance under Md. Code, Est. & Trusts § 1-206, and supports a birth-certificate amendment via MDH Vital Records (DHMH 7).
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell and per the Maryland Parentage Act of 2025 (codified at Fam. Law § 5-2401 et seq.). Donor non-parentage is recognized. Maryland recognizes gestational-surrogacy contracts under case law (In re Roberto d.B., 399 Md. 267 (2007)).
This is legal information, not legal advice.
- Best-interests analysis to set aside a marital presumption under *Davis v. Wicomico*
- Gestational-surrogacy parentage order following *In re Roberto d.B.*
- Affidavit challenge filed after the 60-day rescission window
- Md. Code, Fam. Law § 5-1006
- Md. Code, Fam. Law § 5-1027
- Md. Code, Fam. Law § 5-1028
- Md. Code, Fam. Law § 5-1029
- Md. Code, Est. & Trusts § 1-206
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.