Establishing Paternity in Maryland. 

Establishing paternity is the process of determining who is the legal father of a child.

If the mother is married - In Maryland, if you are married at the time of conception or birth, the law presumes your the husband is the baby’s father. 

If the mother is unmarried - when the child is born- In Maryland, paternity can be established in one of two ways:

• Through a court proceeding or
• If both parents sign an Affidavit of Parentage

.For the child's benefit, the process should be started by both parents as soon as possible.  A father can sign an Affidavit of Paternity even if he is married to some else or if he is under age 18.  

How a mother can prove paternity
Men and  Paternity
What is an Affidavit of Parentage?

Why Establishing Paternity is Important?
Establishing paternity is important for the mother, the father and the child.

• As the mother, until you establish paternity, the father does not have the legal rights responsibilities of a parent. Establishing paternity is necessary before custody, visitation and child support. (Note: custody and visitation issues are handled separately from child support.) A permanent child support order cannot be established for a child until either the alleged father admits paternity or it is proven that he is the father.  How a Mother Can Prove Paternity
• As the possible father, it is important to establish paternity to determine your legal rights and responsibilities. Until paternity is established, you have no rights concerning the child. After paternity is determined, you will be able to petition the court for visitation and/ or custody.  Men and Paternity  
• For your child establishing paternity is an important first step in obtaining child support from a parent who does not have custody. In addition, establishing paternity gives a child of unmarried parents the same legal "rights and privileges" of a child born within a marriage.  Those rights and privileges may include:
  • support from both parents;
  • legal documentation of who his or her parents are;
  • access to family medical records (Many diseases, illnesses, birth defects and other health problems are passed to children by their parents.);
  • medical and life insurance coverage from either parent, if available;
  • inheritance rights;.
  • Social Security and Veterans' Benefits, if available; and
  • the emotional benefits of knowing who both parents are.

What is an affidavit of parentage?
The Department of Human Service's (DHR) Affidavit of Parentage (pdf) is a legal document that can be signed by both parents at the time of the child’s birth.

 If you are unsure if you want to sign the document while in the hospital, you can take it home with you. Signing the Affidavit allows the father’s name to be placed on the birth certificate. If you choose to take the form home with you, each parent must sign the Affidavit in the presence of a notary public. You may contact the Maryland Department of Health & Mental Hygiene / Division of Vital Records at 410-764-3182 to request an Affidavit, or download a copy here. You can establish paternity via an Affidavit up until your child’s 18th birthday.

Signing the Affidavit is completely voluntary. Once the Affidavit has been signed by both the mother and father, it officially determines the paternity of your child.  The father's name can be put on the birth certificate.

If you both decide to sign the Affidavit while still in the hospital, the hospital staff can help you complete the form free of charge. They can even act as your witness. Make sure you have some identification and know your social security number. The hospital staff will send the Affidavit to the Vital Statistics Adminstration.