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Home > Forums > Family Law Task Force > Family Law Case Digest > Mulligan vs. Corbett: Presumption of Legitimacy Based on Time of Conception
Mulligan vs. Corbett: Presumption of Legitimacy Based on Time of Conception
Posted on: 05/23/2012
Amy Mulligan v. William Corbett
No. 43, September Term, 2011
May 23, 2012
Paternity – Blood testing: Respondent, asserting paternity of child conceived during marriage of mother, but born after her divorce from husband, claimed unconditional right under Family Law Article (FL) to blood tests to prove standing for court ordered visitation and child support. Mother, reunited with former husband, opposed. After hearing, circuit court found that blood testing was not in child's best interest and denied requested relief.
Court of Special Appeals reversed. FL § 5-1002(c) provides: "Nothing in this subtitle may be construed to limit the right of a putative father to file a complaint to establish his paternity of a child." Evans v. Wilson, 382 Md. 614 (2004), involving a child conceived and born during marriage, had held that "putative" meant the father of a child born "out of wedlock," and , thus, denied FL § 5-1002(c) testing. In instant case, Court of Special Appeals held that Respondent was a putative father because the child was born after the mother's divorce, hence "out of wedlock."
Court of Appeals reversed: "Out of wedlock" means illegitimate. Presumption of legitimacy under FL § 5-1027(c)(1) is based on time of conception. Respondent not entitled to blood test under FL § 5-1002(c) without rebutting presumption of legitimacy by other evidence. Case remanded to Court of Special Appeals to consider other issues raised on appeal.
|Milligan vs Corbett.pdf||145.54 KB|
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