Who The Father Is On Paper
Fam. Law § 5-1028 — a legal finding of parentage, and 60 days to rescind
In Maryland, unmarried parents may execute an affidavit of parentage on a standardized form that says in boldface type it is a legal document and constitutes a legal finding of parentage. Before completing it, the parents are advised orally and in writing of its legal consequences and of the benefit of seeking legal counsel.
60 days to rescind. A signatory may rescind in writing within 60 days after the affidavit was executed, or in a judicial proceeding about the child, to which the signatory is a party, that occurs before the 60-day period ends.
After the 60-day period. The affidavit may be challenged in court only on the basis of fraud, duress or material mistake of fact, with the burden on the challenger, and child support obligations are not suspended during the challenge except for good cause shown.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe hospital form is a formality | What the law actually doesIt constitutes a legal finding of parentage |
| The assumptionDoubts can be raised at any time | What the law actually doesAfter 60 days, only for fraud, duress or material mistake of fact |
Paternity cases in court, genetic testing orders, custody and support amounts are not all on this page. Whether a particular acknowledgment can still be undone is a question for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Fam. Law § 5-1028 — Affidavit of parentage
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.