Alleged biological father filed a complaint against mother to determine the paternity of child who was conceived while mother was married to another man but born after mother and her husband divorced. At the conclusion of a hearing, the Circuit Court determined that it was not in child’s best interests to order blood testing. In a subsequent written order, it denied alleged biological father’s request for paternity testing and ruled that former husband was child’s legal father. Alleged biological father appealed. The Court of Special Appeals, 198 Md.App. 38, 16 A.3d 233, reversed and remanded. Certiorari was granted. The Court of Appeals held: (1) if a self‑proclaimed father seeks blood testing to delegitimate a presumptively legitimate child, he must first show that blood testing is in the best interests of the child, and (2) child whose paternity alleged biological father sought to establish was presumptively legitimate.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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