Maryland 2024 Regular Session

Maryland House Bill HB1298

Introduced
2/9/24  

Caption

Family Law - Paternity - Surname (Maryland Paternal Naming Rights Act)

Impact

The introduction of HB 1298 is expected to impact Maryland's family law statutes significantly, particularly concerning the rights of fathers in naming their children. The bill explicitly addresses the best interest of the child as a primary consideration, establishing a rebuttable presumption that adding the father's surname is in the child's best interest. This legislative change underscores the evolving recognition of paternal involvement in child-rearing and acknowledges the importance of both parental surnames in a child's identity.

Summary

House Bill 1298, officially titled the Maryland Paternal Naming Rights Act, seeks to grant fathers the legal authority to petition for the inclusion of their surnames in their children's names. This proposal is intended to ensure that fathers have a recognized role in naming their children following a court confirmation of paternity. The bill establishes clear procedures for filing such petitions, aiming to simplify the process by which fathers can assert their naming rights in a family law context.

Contention

Notable points of contention surrounding HB 1298 may arise from interpretations of what constitutes the child's best interest. Courts will be required to consider various factors including the emotional and psychological welfare of the child, social implications, and input from both parents, as well as the child's own opinions if they are mature enough. While proponents argue this bill enhances paternal rights, some may express concerns regarding potential conflicts between parents or the emotional implications for the child if such disputes arise. The requirement for court involvement could also add complexity to family law proceedings, raising questions about the practicality of implementing these changes in a sensitive familial context.

Companion Bills

No companion bills found.

Previously Filed As

MD HB267

Family Law - Maryland Child Abduction Prevention Act

MD SB383

Family Law - Maryland Child Abduction Prevention Act

MD SB410

Public Health - Childbirth - Paternity Test

MD HB1117

Family Law – Adoption of an Adult

MD SB792

Estates and Trusts - Registered Domestic Partnerships

MD HB361

Certificates of Birth - Issuance of New Certificates - Sex Designation (Birth Certificate Modernization Act)

MD HB755

Estates and Trusts – Registered Domestic Partnerships

MD HB726

Maryland Medical Assistance Program - Autism Waiver - Military Families

MD SB231

Maryland Medical Assistance Program - Autism Waiver - Military Families

MD SB345

Maryland Fair Scheduling Act

Similar Bills

No similar bills found.