EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0201*
SENATE BILL 201
J1 4lr0730
SB 410/23 – FIN (PRE–FILED)
By: Senator Watson
Requested: September 27, 2023
Introduced and read first time: January 10, 2024
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 20–2401 through 20–2403 to be under the new subtitle “Subtitle 24. 8
Paternity Test at Childbirth” 9
Annotated Code of Maryland 10
(2023 Replacement Volume) 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 24. PATERNITY TEST AT CHILDBIRTH. 15
20–2401. 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 2 SENATE BILL 201
HEALTH OR MEDIC AL CARE IS PROVIDED TO PATIENTS BY A HEA LTH CARE 1
PROVIDER. 2
20–2402. 3
(A) WHEN A CHILD IS BORN AT A HEALTH CARE FAC ILITY, THE ATTENDING 4
PHYSICIAN SHALL OFFE R THE PRESUMED FATHE R OF THE CHILD THE O PTION TO 5
TAKE A PATERNITY TES T TO ESTABLISH PATER NITY OF THE CHILD. 6
(B) THE OFFER TO TAKE A P ATERNITY TEST SHALL BE MADE ORALLY AND 7
IN WRITING AND BEFOR E A BIRTH CERTIFICAT E FORM IS COMPLETED FOR THE 8
CHILD. 9
(C) THE PRESUMED FATHER M AY WAIVE THE RIGHT T O TAKE A PATERNITY 10
TEST OR ELECT TO TAK E A PATERNITY TEST AT ANY TIME BEFORE T HE COMPLETION 11
OF THE BIRTH CERTIFI CATE FORM FOR THE CH ILD. 12
20–2403. 13
THIS SUBTITLE DOES NO T APPLY IF THE ATTEN DING PHYSICIAN IS UN ABLE TO 14
CONTACT THE PRESUMED FATHER OF THE CHILD . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2024. 17