EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0410*
SENATE BILL 410
J1 3lr1733
By: Senator Watson
Introduced and read first time: February 1, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Public Health – Childbirth – Paternity Test 2
FOR the purpose of requiring, when a child is born at a health care facility, the attending 3
physician to offer to the presumed father of the child the option to take a paternity 4
test; and generally relating to paternity tests and childbirth. 5
BY adding to 6
Article – Health – General 7
Section 20–2301 through 20–2303 to be under the new subtitle “Subtitle 23. 8
Paternity Test at Childbirth” 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Health – General 14
SUBTITLE 23. PATERNITY TEST AT CHILDBIRTH. 15
20–2301. 16
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(B) “ATTENDING PHYSICIAN ” MEANS THE LICENSED P HYSICIAN WHO HAS 19
PRIMARY RESPONSIBILI TY FOR THE MEDICAL C ARE OF AN INDIVIDUAL . 20
(C) “HEALTH CARE FACILITY ” MEANS A FACILITY OR AN OFFICE WHERE 21
HEALTH OR MEDICAL CA RE IS PROVIDED TO PA TIENTS BY A HEALTH C ARE 22 2 SENATE BILL 410
PROVIDER. 1
20–2302. 2
(A) WHEN A CHILD IS BORN AT A HEALTH CARE FAC ILITY, THE ATTENDING 3
PHYSICIAN SHALL OFFE R THE PRESUMED FATHER OF THE CHILD THE OPTION T O 4
TAKE A PATERNITY TES T TO ESTABLISH PATERNITY OF THE CHILD. 5
(B) THE OFFER TO TAKE A PATE RNITY TEST SHALL BE MADE ORALLY AND 6
IN WRITING AND BEFORE A BIRTH CERTI FICATE FORM IS COMPLETED FOR THE 7
CHILD. 8
(C) THE PRESUMED FATHER M AY WAIVE THE RIGHT TO T AKE A PATERNITY 9
TEST OR ELECT TO TAK E A PATERNITY TE ST AT ANY TIME BEFORE THE COMPLETION 10
OF THE BIRTH CERTIFI CATE FORM FOR THE CHILD. 11
20–2303. 12
THIS SUBTITLE DOES NO T APPLY IF THE ATTENDING PHYSICIAN IS UNABLE TO 13
CONTACT THE PRESUMED FATHER OF THE CHILD . 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2023. 16