Md. Code Regs. 07.07.13.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.07.13.03 - Affidavit of Parentage

A. The Administration shall supply participating entities with a standardized affidavit of parentage form which provides the following information:

(1) A statement that an executed affidavit of parentage is a legal document and constitutes a legal finding of parentage;

(2) A statement that the affidavit may be rescinded by either parent in writing within 60 days of execution of the affidavit;

(3) The full name of the child, and the child's place and date of birth;

(4) The full name of the parent who gave birth to the child;

(5) The full name of the parent who did not give birth to the child;

(6) The signatures of the parents of the child attesting, under penalty of perjury, that the information provided on the affidavit of parentage is true and correct;

(7) A statement by the mother consenting to the assertion of parentage by the other parent and acknowledging that :

(a) The mother's cosignatory is the only possible father of the child; or

(b) The mother and the mother's cosignatory consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child,

(8) A statement by the individual -who did not give birth to the child that:

(a) The individual is the father of the child; or

(b) The individual and the child's mother consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child; and

(9) The personal Social Security number of each parent, or if a parent has no Social Security number, an assertion by the parent that the parent has no Social Security number.

B. The Administration shall supply participating entities with:

(1) Affidavit of parentage forms; and

(2) Training on the:

(a) Completion of the form;

(b) Alternatives to voluntary acknowledgement of parentage;

(c) Legal consequences of the executed form; and

(d) Rights and responsibilities of the parents signing the form.

C. Upon the birth of a child to an unmarried mother in a Maryland hospital, the hospital administrator or the hospital administrator's designee shall:

(1) Provide an opportunity for the child's parents to complete an affidavit of parentage; and

(2) Forward the executed affidavit of parentage to the Department of Health and Mental Hygiene, Division of Vital Records.

D. Upon request, authorized individuals employed by participating entities shall provide an affidavit of parentage to an unmarried mother or the individual who did not give birth to the child who wishes to acknowledge the parentage of the child.

E. A properly completed affidavit of parentage shall be:

(1) Witnessed if signed in a participating facility or agency;

(2) Notarized if not signed in a participating facility or agency; and

(3) Forwarded to the DHMH/DVR at the address provided on the form.

Md. Code Regs. 07.07.13.03

Regulation .03A amended effective January 6, 2005 (31:26 Md. R. 1860); February 26, 2007 (34:4 Md. R. 399); amended effective 47:16 Md. R. 737, eff. 8/10/2020