Men and Paternity

If you think there is a chance that you might be the father, it is good for the child if you take a painless genetic DNA test to sure.  You have the right to insist on taking this test.

• Should I sign the Affidavit of Parentage?
• What if I have signed an Affidavit of Parentage and now have changed my mind?
• How do I get my name listed on the birth certificate as the father?
• How can I establish paternity and visitation?
• If I am under 18; can I sign the Affidavit of Parentage, will I legally be the father?
• Can I contest a paternity finding if I find out later that I am not the father?
• What if she says I am the father, but I don’t think I am?
• What if I find out later I'm not the father?
• What if I believed that I was the father of a child, paid child support and then found out I was not the father? Do I get an automatic refund?

Who pays for the test?

• If the test shows that you are the father, then you pay for the test. (This is true whether you made the request or the court requested it). 
• If the test shows you are not the father whoever ordered the test will pay for it. 
• IF the court orders the test, the court will pay for it. 
• If request the test, you will pay for it.

Should I sign the Affidavit of Parentage?
Before signing the Affidavit of Parentage you should be told, both orally and in writing, of the legal consequences of signing and the advantages of consulting an attorney (MdCode Ann., Fam. Law § 5-1028).

• If you are not sure you are the father, you should not sign the Affidavit of Parentage. Once you sign the Affidavit of Parentage you will be the legal parent. If you are not sure you are the father, you should ask the government to provide a genetic test to determine if you are the father.
• if you are sure you are the father (DNA), and the mother agrees, you should both sign the Affidavit of Parentage. Signing the Affidavit will save you the time and money that it will cost you to have a court determine you are the father. Once the Affidavit is signed you can begin a relationship with your child.  You are responsible for child support and have the right to seek custody and visitation.    

What if I have signed an Affidavit of Parentage and I have change my mind?
If you have signed an Affidavit of Parentage claiming to be the parent of a child you may rescind (cancel) the Affidavit. The method that you use will depend on how long it has been the Affidavit of Parentage was signed. (If you and the mother signed on different dates, count from the date that the last party signed.)

• Within  sixty (60) days of the date you signed the Affidavit of Parentage, you may sign a Recession Form for Affidavit of Parentage and date it in the presence of a notary public. You may obtain a Rescission Form by calling the Maryland Department of Health & Mental Hygiene/Division of Vital Records at 410-764-3182.
• If it has been more than sixty (60) days since you signed the Affidavit, the Rescission Form will NOT be effective. After the sixty (60) days, the Affidavit can only be nullified by a court order. In order to be successful in getting this court order, you must show that one of the following is true in your situation:
  • There was fraud (someone lied to you); or
  • You were under duress (you were forced to sign the affidavit); or
  • There was a “material mistake of fact” (you thought one thing and another thing was true). For example, you were incorrectly told that the swab test showed that you were the father and later this turns out to be mistake by the laboratory.

  Proving one of these may require the assistance of a lawyer. If you are unsure if you are the father, you must go to court as quickly as possible to argue one of the above three points. (See section "Finding a Lawyer" for help.)

How do I get listed on the birth certificate as the father?
If you were married to the mother when the child was born, your name will automatically be listed as the father on the birth certificate.  In Maryland, if you and the mother are not married, you can only be listed on the birth certificate, if:

• You have signed an Affidavit of Parentage or
• A court has found you are the father. (MdCode Ann., Fam. Law § 5-102)

How can I establish paternity and visitation?
You have the right to petition the court to have yourself declared the child's father.  You should contact your local  Child Support Enforcement Administration to perform genetic testing on you, the mother and the child.  You will then have to go to court to be declared the legal father.  Once you are declared the father you will be responsible for child support.  You can also petition the court for custody or vistiation. 

If I am under 18 and sign the Affidavit of Parentage, will I legally be the father?
Maryland statutes do not distinguish between an adult and a minor who voluntarily signs the Affidavit of Parentage. Once you sign the Affidavit, you will be the considered the legal father.

What if she says I am the father, but I don’t think I am?

• First, do not sign an Affidavit of Paternity if you are not sure. If you acknowledge that you were the father (even though you knew that you were not the father), you cannot change your mind later. (MdCode Ann., Fam. Law §5-306)
• Second, you can take a simple genetic DNA test and settle the matter.
• If you take no action, the mother, child, or the government may sue you to establish paternity. If you receive a summons, you must appear in court (even if you do not believe you are the father).
• What should I expect if I go to court?
• What if I do not cooperate after I get a Summons?

If I find out later that I am not the father, can I contest a paternity finding ?
You have the right to request that a blood or genetic test be done in the following situations:

• Finding of fraud (someone lied to you)
• Duress (you were forced to sign)
• Mistake of fact (you honestly thought one thing and later find out another thing is true)

Incorrect findings of paternity can be set aside at any time - If you have been determined to be the father, the law allows the court to set aside or change a paternity finding if a blood or genetic test shows that you could not be the father. In 1995, a law was passed that allowed the courts to take this action, even if the paternity finding (without blood or genetic testing) was before the law took effect in 1995. (Langston v. Locklear 359 MD 369 (2000)).

There is an exception. If you acknowledged that you were the father (even though you knew that you were not the father), you cannot later change your mind. (MdCode Ann., Fam. Law §5-306)

You can get this testing in one of two ways:

• You may file a "motion" with the court to request a blood or genetic test in order to prove or disprove that you are the father or
• You can visit your local Child Support Enforcement Administration.

You will have to fill out an application and pay a one time non-refundable fee of $25.

What if I believed that I was the father of a child, paid child support and then found out I was not the father? Do I get an automatic refund?
No – A finding by the court that the blood or genetic test that shows that you are not the father does not necessarily change the child support you have already paid or that you already owe. (Langston v. Locklear 359 MD 369 (2000)).