What is the purpose of the Affidavit of Parentage?

The Affidavit of Parentage is a voluntary way to establish paternity (the legal relationship between father and child) when the mother and father are not married to each other.

The biological mother cannot complete the form if she was married at the time of conception or birth. Under no circumstances may a married woman complete this form. The biological father can complete the Affidavit regardless of his marital status.

How will you and your child benefit if you complete the Affidavit?

When both parents complete the Affidavit of Parentage it will legally:

• Establish a father-child relationship, enable your child to benefit from that relationship and give a child born to unmarried parents a sense of identity.
• Allow the father's name to be listed on the child's birth certificate.
• Establish the father-child relationship without going to court. And, give the father the right to seek child custody and visitation through a court action and to be consulted about adoption.
• Give your child the right to important benefits from both parents such as: financial support, inheritance, social security, veteran’s benefits, life insurance, and health insurance.
• Make it easier for your child to learn the medical histories of both parents and to possibly benefit from medical insurance through a parent’s employer, union, or military service.

What if you are not sure?

If either of you is not sure that the man signing the Affidavit is the biological father, you should NOT complete the form. You should have a genetic test. Genetic testing can provide certainty.

Information on labs that perform genetic testing is available from hospital staff or by searching the Internet.

Are there alternatives?

As an alternative, paternity may be determined through the courts and may involve genetic testing.

You have the right to consult an attorney before completing this form.

If you have decided to complete a Affidavit

You can complete and sign the Affidavit of Parentage even if you are under the age of eighteen (18), without permission from an adult or legal guardian. The hospital staff can help you complete the form free of charge. They can even act as your witness. Be prepared to show them your photo Ids.

The hospital will send the completed, signed Affidavit of Parentage to the Department of Health and Mental Hygiene, Division of Vital Records for you.

If you choose to take the form home with you, each parent must complete the Affidavit, sign the Affidavit in the presence of a notary public and mail it to the:

What if you change your mind and want to rescind (cancel) the Affidavit?

Rescission of the Affidavit is voluntary and an important decision. It cancels the legal father - child relationship created by your signed Affidavit of Parentage.

A person who has signed an Affidavit of Parentage claiming to be the parent of a child may rescind (cancel) the Affidavit by completing a Rescission Form for Affidavit of Parentage and signing and dating it in the presence of a notary public within sixty (60) days of the date the Affidavit was executed (i.e., signed by both parties).

If more than sixty (60) days have passed from the date the Affidavit of Parentage was executed, the Rescission Form will NOT rescind the Affidavit. If the parties signed on different dates, count from the date that the last party signed.

After the expiration of the sixty (60) day period, the Affidavit can only be nullified by a court order, upon a finding of fraud, duress or material mistake of fact.

You may obtain a Rescission Form by calling the Maryland Department of Health and Mental Hygiene, Division of Vital Records at 410-764-3182.