In Maryland, if a couple is married at the time of a child’s conception or birth, it is assumed that the father of the baby is the husband and the father’s name will be automatically entered on the child’s birth certificate.

If the mother is unmarried at the time of birth, the parents of the child can establish paternity by voluntarily signing an Affidavit of Parentage and the father’s name will be entered on the birth certificate.  In this case, both parties agree that the father is the baby of the child and if there is ever a dispute after the parties sign the Affidavit, either party may ask the Court to rescind the Affidavit. If the parties elect to rescind the Affidavit less than 60 days after it was signed, the parties may do so by filing out a form and signing it in front of a notary.  If the time of dispute is more than 60 days, then the Affidavit may only be nullified by a court order.  The Court will only nullify the Affidavit based on if:

  1. There was fraud;
  2. The parties were under duress when they signed the affidavit; or
  3. There was a “material mistake of fact” such as laboratory error in the paternity test.

A party may also petition the Court to determine if the father is in fact the father.  In this case, the Court will order genetic testing of the father and the child to determine the paternity of the child.

Contact Us Today for a Consultation

During a consultation at Azari Law LLC, our family law attorneys will evaluate your case and clearly explain the legal process and also manage your expectations of the case as it develops. Call us today at (301) 362-3300, or email us to set up a consultation with one of our experienced family law attorneys. We are conveniently located in Laurel, Rockville, and Ellicott City MD.