How to Establish Paternity in Maryland
Reviewed by DocDraft Legal Team · Maryland · Last updated 2026-09-12
In Maryland, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. Unmarried parents who agree can sign an Affidavit of Parentage, administered by the Maryland Department of Human Services Child Support Administration, which establishes legal parentage without going to court. When parents do not agree, a paternity proceeding decides the question. Maryland's load-bearing timing rule is a hard deadline: a proceeding to establish paternity must generally be begun before the child's eighteenth birthday, and it may even begin during pregnancy, though a proceeding for a child who is dependent because of a mental or physical infirmity may be begun at any time before the child's twenty-first birthday (Md. Code Ann., Fam. Law 5-1006). At trial the complainant must prove paternity by a preponderance of the evidence (Md. Code Ann., Fam. Law 5-1027). Genetic testing carries weight: a laboratory report showing a statistical probability of paternity of at least 99.0 percent creates a rebuttable presumption of paternity (Md. Code Ann., Fam. Law 5-1029). Under federal law, either parent may rescind a signed Affidavit of Parentage within 60 days. Attorney review of your situation is available through DocDraft.
Find out where you stand in Maryland
Where are you in establishing paternity?
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What are the ways to establish paternity in Maryland?
There are two routes. Unmarried parents who agree can sign an Affidavit of Parentage through the Maryland Department of Human Services Child Support Administration, establishing legal parentage without court. If parents disagree, a paternity proceeding is filed and the court can order genetic testing before deciding (Md. Code Ann., Fam. Law 5-1006).
How long do I have to establish paternity in Maryland?
A proceeding to establish paternity in Maryland must generally be begun before the child's eighteenth birthday, and it may be begun during pregnancy. If the child is dependent because of a mental or physical infirmity, the proceeding may be begun at any time before the child's twenty-first birthday (Md. Code Ann., Fam. Law 5-1006).
What genetic-testing result establishes paternity in Maryland?
Under Md. Code Ann., Fam. Law 5-1029, a laboratory blood or genetic test report is admissible when it excludes at least 97.3 percent of non-fathers, and a report showing a statistical probability of paternity of at least 99.0 percent creates a rebuttable presumption that the man is the father.
What is the marital presumption of paternity in Maryland?
Maryland applies a rebuttable presumption of parentage when a child is born during a marriage, drawn from the Estates and Trusts Article and applied in paternity cases (Md. Code Ann., Fam. Law 5-1027). A complainant establishes paternity by a preponderance of the evidence, and genetic testing may rebut the presumption.
Maryland paternity law at a glance
Maryland lets unmarried parents who agree establish legal parentage without a court hearing by signing an Affidavit of Parentage, administered by the Department of Human Services Child Support Administration. The defining Maryland rule is a firm deadline. A proceeding to establish paternity must generally be begun before the child's eighteenth birthday, and it may begin during pregnancy, but a proceeding for a child who is dependent because of a mental or physical infirmity may be begun any time before the child's twenty-first birthday (Md. Code Ann., Fam. Law 5-1006). At trial, the complainant must prove paternity by a preponderance of the evidence (Md. Code Ann., Fam. Law 5-1027). Genetic testing is decisive evidence: a report showing at least a 99.0 percent statistical probability of paternity creates a rebuttable presumption that the man is the father (Md. Code Ann., Fam. Law 5-1029).
Establishing Maryland paternity for a child born to unmarried parents
Suppose a child is born in Maryland to unmarried parents who agree on the father. At the hospital both sign an Affidavit of Parentage through the Department of Human Services Child Support Administration, establishing legal parentage without court. Weeks later one parent has second thoughts and can still rescind within 60 days of signing under the federal rule that applies in Maryland. Had the parents disputed parentage instead, either could file a paternity proceeding, which must generally be begun before the child's eighteenth birthday (Md. Code Ann., Fam. Law 5-1006), and the court could order genetic testing where a report showing at least a 99.0 percent probability creates a rebuttable presumption of paternity (Md. Code Ann., Fam. Law 5-1029). At trial the complainant proves paternity by a preponderance of the evidence (Md. Code Ann., Fam. Law 5-1027). Attorney review is available through DocDraft.
Relevant Laws
Md. Code Ann., Fam. Law 5-1006 (time for beginning a paternity proceeding)
Provides that a paternity proceeding may be begun during pregnancy but must generally be begun before the child's eighteenth birthday, and that a proceeding for a child who is dependent because of a mental or physical infirmity may be begun at any time before the child's twenty-first birthday.
Md. Code Ann., Fam. Law 5-1027 (burden of proof and presumptions of parentage)
Provides that at trial the complainant must establish by a preponderance of the evidence that the alleged father is the father of the child, and that the presumptions of parentage in Title 1, Subtitle 2 of the Estates and Trusts Article apply in a paternity action under this subtitle.
Md. Code Ann., Fam. Law 5-1029 (blood and genetic tests; probability thresholds)
Provides that a laboratory report of a blood or genetic test is received in evidence when the testing excludes at least 97.3 percent of non-fathers, and that a report establishing a statistical probability of paternity of at least 99.0 percent creates a rebuttable presumption of the man's paternity.
42 U.S.C. 666(a)(5) and 45 CFR 303.5 (federal voluntary acknowledgment and 60-day rescission)
Federal law requires every state child-support program to offer a voluntary acknowledgment of paternity, lets either signer rescind within 60 days, and provides that after 60 days the acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact. This rule is uniform nationwide and applies in Maryland.
Maryland Department of Human Services, Child Support Administration
The Child Support Administration administers Maryland's Affidavit of Parentage program, explaining how unmarried parents voluntarily establish legal parentage and how a case to establish parentage and support is opened.
Regional Variances
Maryland paternity rules at a glance
Voluntary path and form
Unmarried parents establish legal parentage by signing the Affidavit of Parentage, administered by the Maryland Department of Human Services Child Support Administration, usually at the hospital or later through the agency or vital records.
Rescission window
Under the federal rule that applies in Maryland, either parent may rescind a signed Affidavit of Parentage within 60 days of signing; after 60 days it can be challenged only for fraud, duress, or material mistake of fact.
Deadline to establish
A paternity proceeding may begin during pregnancy but must generally be begun before the child's eighteenth birthday, or before the twenty-first birthday if the child is dependent due to a mental or physical infirmity (Md. Code Ann., Fam. Law 5-1006).
Marital presumption and burden
A child born during a marriage is subject to a rebuttable presumption of parentage from the Estates and Trusts Article (Md. Code Ann., Fam. Law 5-1027); the complainant proves paternity by a preponderance of the evidence.
Genetic-testing threshold
A laboratory report is admissible when testing excludes at least 97.3 percent of non-fathers, and a probability of paternity of at least 99.0 percent creates a rebuttable presumption of paternity (Md. Code Ann., Fam. Law 5-1029).
Who administers it
The Maryland Department of Human Services Child Support Administration runs the Affidavit of Parentage program and can open a case; disputed parentage is decided by the circuit court, which may order genetic testing.
Suggested Compliance Checklist
Confirm whether a marital presumption applies
Before signing or filing anything days after startingDetermine whether the child was born during a marriage, which triggers Maryland's rebuttable presumption of parentage applied through the Estates and Trusts Article (Md. Code Ann., Fam. Law 5-1027). This shapes who must prove paternity and whether genetic testing will be ordered.
Get genetic testing if biological parentage is uncertain
Before signing an affidavit days after startingBecause a signed affidavit has lasting legal effect, obtain genetic testing first if there is any doubt. Under Md. Code Ann., Fam. Law 5-1029, a report showing a statistical probability of paternity of at least 99.0 percent creates a rebuttable presumption that the man is the father.
Sign and file the Affidavit of Parentage
At the hospital or a local office days after startingUnmarried parents who agree sign the Affidavit of Parentage and file it through the Department of Human Services Child Support Administration, which establishes legal parentage. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the federal 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed Affidavit of Parentage, rescind within 60 days of signing under the federal rule that applies in Maryland. After 60 days it can be challenged only on the basis of fraud, duress, or a material mistake of fact.
File a paternity proceeding before the deadline if parents disagree
Before the child's eighteenth birthday days after startingIf parents do not agree, file a paternity proceeding, which may begin during pregnancy but must generally be begun before the child's eighteenth birthday, or the twenty-first birthday if the child is dependent due to infirmity (Md. Code Ann., Fam. Law 5-1006). The court can order genetic testing.
Keep records of the affidavit, testing, and orders
Ongoing days after startingSave copies of the signed affidavit, any genetic-test results, and court papers, and calendar the child's eighteenth birthday as the general filing deadline and the federal 60-day rescission window so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a marital presumption applies | Determine whether the child was born during a marriage, which triggers Maryland's rebuttable presumption of parentage applied through the Estates and Trusts Article (Md. Code Ann., Fam. Law 5-1027). This shapes who must prove paternity and whether genetic testing will be ordered. | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a signed affidavit has lasting legal effect, obtain genetic testing first if there is any doubt. Under Md. Code Ann., Fam. Law 5-1029, a report showing a statistical probability of paternity of at least 99.0 percent creates a rebuttable presumption that the man is the father. | - | Before signing an affidavit |
| Sign and file the Affidavit of Parentage | Unmarried parents who agree sign the Affidavit of Parentage and file it through the Department of Human Services Child Support Administration, which establishes legal parentage. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the federal 60-day rescission window | If you need to cancel a signed Affidavit of Parentage, rescind within 60 days of signing under the federal rule that applies in Maryland. After 60 days it can be challenged only on the basis of fraud, duress, or a material mistake of fact. | - | Within 60 days of signing |
| File a paternity proceeding before the deadline if parents disagree | If parents do not agree, file a paternity proceeding, which may begin during pregnancy but must generally be begun before the child's eighteenth birthday, or the twenty-first birthday if the child is dependent due to infirmity (Md. Code Ann., Fam. Law 5-1006). The court can order genetic testing. | - | Before the child's eighteenth birthday |
| Keep records of the affidavit, testing, and orders | Save copies of the signed affidavit, any genetic-test results, and court papers, and calendar the child's eighteenth birthday as the general filing deadline and the federal 60-day rescission window so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Maryland means legally identifying a child's father so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. It can be done by signing an Affidavit of Parentage or through a paternity proceeding in court (Md. Code Ann., Fam. Law 5-1006).
Unmarried parents who agree can sign an Affidavit of Parentage through the Maryland Department of Human Services Child Support Administration, which establishes legal parentage without court. If parents disagree, a paternity proceeding is filed and the court can order genetic testing before deciding (Md. Code Ann., Fam. Law 5-1006).
It is a form unmarried parents sign to establish a legal father-child relationship without going to court, administered by the Maryland Department of Human Services Child Support Administration. Once signed and filed it makes the father a legal parent with support, custody, and inheritance consequences for the child.
Yes. A proceeding to establish paternity must generally be begun before the child's eighteenth birthday, and may begin during pregnancy. If the child is dependent because of a mental or physical infirmity, it may be begun any time before the twenty-first birthday (Md. Code Ann., Fam. Law 5-1006).
Yes, within a limited window. Under the federal rule that applies in Maryland, either parent may rescind a signed Affidavit of Parentage within 60 days of signing. After 60 days it can be challenged only on the basis of fraud, duress, or a material mistake of fact.
Under Md. Code Ann., Fam. Law 5-1029, a laboratory report is admissible when the testing excludes at least 97.3 percent of non-fathers, and a report showing a statistical probability of paternity of at least 99.0 percent creates a rebuttable presumption that the man is the child's father.
When a child is born during a marriage, Maryland applies a rebuttable presumption of parentage drawn from the Estates and Trusts Article and used in paternity actions (Md. Code Ann., Fam. Law 5-1027). At trial a complainant proves paternity by a preponderance of the evidence, and genetic testing may rebut the presumption.
The Maryland Department of Human Services Child Support Administration administers the Affidavit of Parentage and can open a case to establish parentage and support. When parentage is disputed, the circuit court decides it and can order blood or genetic tests before entering a determination (Md. Code Ann., Fam. Law 5-1029).
Other Maryland guides
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