Maryland Legal DNA Testing Laws & Statutes

Maryland Legal DNA Paternity Testing Laws & Statutes:

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According to the Laws of Maryland and paternity statute 5-1029

Request For Paternity Test:

(a) (1) The Administration may request the mother, child, and alleged father to submit to blood or genetic tests.
(2) If the mother, child, or alleged father fails to comply with the request of the Administration, the Administration may apply to the circuit court for an order that directs the individual to submit to the tests.
(b) On the motion of the Administration, a party to the proceeding, or on its own motion, the court shall order the mother, child, and alleged father to submit to blood or genetic tests to determine whether the alleged father can be excluded as being the father of the child.
(c) The blood or genetic tests shall be made in a laboratory selected by the court from a list of laboratories provided by the Administration.
(d) The laboratory shall report the results of each blood or genetic test in writing and in the form the court requires.
(e) A copy of the laboratory report of the blood or genetic test shall be provided to the parties or their counsel in the manner that the court directs.
(f) (1) Subject to the provisions of paragraph (3) of this subsection, the laboratory report of the blood or genetic test shall be received in evidence if:
(i) definite exclusion is established; or
(ii) the testing is sufficiently extensive to exclude 97.3% of alleged fathers who are not biological fathers, and the statistical probability of the alleged father’s paternity is at least 97.3%.

(2) A laboratory report is prima facie evidence of the results of a blood or genetic test.

(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the laboratory report of the blood or genetic test is admissible in evidence without the presence of a doctor or technician from the laboratory that prepared the report if the report:
1. is signed by the doctor or technician who prepared or verified the report; and
2. states that the result of the blood or genetic test is as stated in the report.
(ii) When the laboratory report of the blood or genetic test is admitted in evidence, a doctor or technician from the laboratory that prepared the report is subject to cross-examination by any party to the proceeding if the party who desires cross-examination has subpoenaed the doctor or technician at least 10 days before trial. [More]