In this subtitle the following words have the meanings indicated. “Assisted reproduction” has the meaning stated in § 5–1001 of the Family Law Article. “Father” has the meaning stated in § 5–1001 of the Family Law Article. “Mother” has the meaning stated in § 5–1001 of the Family Law Article.

In the absence of express language to the contrary, the rules of construction contained in this subtitle shall be applied in construing all provisions of the estates of decedents law and the terms of a will.

A surviving spouse is not: A person who has received an absolute divorce from the decedent or whose marriage to the decedent has been validly annulled; Except as provided in subsection (b) of this section, a person who has voluntarily appeared in a proceeding in which an absolute divorce between the decedent and the survivor, or an annulment of their marriage was obtained, even though not recognized as valid in this State; A person who participates in a marriage ceremony with a third person, after a decree or judgment of divorce or annulment obtained by the decedent; or A person who has been convicted of bigamy while married to the decedent. Subsection (a)(2) of this section does not apply if the parties to the divorce or annulment subsequently remarry each other.

Degrees of relationship shall be reckoned according to the method of the civil law by beginning with either of the persons in question, ascending to the common ancestor, and then descending to the other person. One degree shall be counted for each step both ascending and descending.

A relative of the half blood has the same status as a relative of the whole blood of the same degree.

A child includes: A natural child, an adopted child, and a child to the extent provided in §§ 1–206 through 1–208 of this subtitle; and A child conceived from the genetic material of a person after the death of the person if: The person consented in a written record to use of the person’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article; The person consented in a written record to be the parent of a child posthumously conceived using the person’s genetic material; The child is born within 2 years of the person’s death; and With respect to any trust, the person was the creator of the trust and the trust became irrevocable on or after October 1, 2012. A child does not include a stepchild, a foster child, or a grandchild or more remote descendant.

A child born or conceived during a marriage or registered domestic partnership is presumed to be the child of both spouses or registered domestic partners. A child conceived by means of assisted reproduction during the marriage or registered domestic partnership of the child’s mother with the consent of the mother’s spouse or registered domestic partner is the child of both spouses for all purposes. Consent of the mother’s spouse or registered domestic partner is presumed. A child conceived by means of assisted reproduction after the death of the mother’s spouse or registered domestic partner and using the genetic material of the mother’s spouse or registered domestic partner is the child of both spouses or registered domestic partners if the child qualifies as a child of the mother’s spouse or registered domestic partner under § 1–205(a)(2) of this subtitle.

An adopted child shall be treated as a natural child of the child’s adopting parent or parents. Except as provided in paragraph (3) of this subsection, on adoption a child may not be considered a child of either natural parent. On adoption by the spouse of a natural parent, the child shall still be considered the child of that natural parent. A child who has been adopted more than once shall be considered to be a child of the parent or parents who have adopted the child most recently and shall cease to be considered a child of the child’s previous parents.

A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the child’s mother. A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the individual who did not give birth to the child if: The individual has been judicially determined to be the child’s parent in an action brought under Title 5, Subtitle 10 of the Family Law Article, and that determination has not been modified or set aside; The individual and the child’s mother consented to the conception of the child by means of assisted reproduction with the shared express intent to be the parents of the child, subject to the conditions under § 1–205(a)(2) of this subtitle if the child is conceived after the death of the individual; or The child’s mother identifies the individual as the other biological parent of the child and the individual agrees. There is a rebuttable presumption that a child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of an individual who did not give birth to the child if the individual: Has acknowledged himself or herself, in writing, to be a parent of the child; Has openly and notoriously recognized the child to be the individual’s child; or Has subsequently married or registered a domestic partnership with the mother and has acknowledged himself or herself, orally or in writing, to be a parent of the child.

An individual who is the presumed parent of a child under this subtitle shall be considered to be the child’s parent for all purposes, including inheritance, custody and visitation, support obligations, and Child in Need of Assistance proceedings, unless the presumption of parentage is rebutted in accordance with this section. Except as provided in subsection (c) of this section, a presumption of parentage under this subtitle may be rebutted only if a court of competent jurisdiction determines in a written order that it is in the best interest of the child to receive and consider evidence that could rebut the presumption. A written order that it is not in the best interest of the child to rebut a presumption of parentage: Conclusively establishes that the presumed parent is a parent of the child for all purposes; and May be modified or set aside only on the basis of fraud, mistake, or irregularity. An individual who is the putative father of a child in a proceeding under Title 5, Subtitle 10 of the Family Law Article may obtain and use evidence of blood or genetic testing in the proceeding to the extent authorized under Title 5, Subtitle 10 of the Family Law Article to rebut a presumption of parentage under § 1–208(c)(1) or (2) of this subtitle, regardless of whether it is in the best interest of the child. Subject to subsections (b) and (c) of this section, a presumption of parentage under this subtitle may be rebutted by: Evidence of blood or genetic testing; Testimony of the mother, the presumed parent, or another individual, that the presumed parent did not have access to the mother at the time of conception; or Any other competent evidence that the presumed parent is not the father of the child.

In construing all provisions of the estates of decedents law and, unless a contrary intention is indicated, in construing the terms of a will, issue means every living lineal descendant except a lineal descendant of a living lineal descendant. A person who is treated as a child of a person pursuant to §§ 1–205 through 1–208 of this subtitle shall be considered for all purposes as: A lineal descendant of the person; and Except as provided in subsection (a) of this section, a lineal descendant of all persons of whom the person is a lineal descendant.

When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section. In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each child of the decedent who did survive the decedent shall receive one share and the issue of each child of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying to the children and other issue of each nonsurviving child of the decedent the pattern of representation provided for in this subsection for the children and other issue of the decedent and repeating that pattern with respect to succeeding generations until all shares are determined. In the case of issue of a parent, grandparent, or great–grandparent of the decedent, the property shall be divided into as many equal shares as there are lineal descendants of either, or of both, of the pair of parents, grandparents, or great–grandparents, as the case may be, of the nearest degree of relationship to the decedent of whom any survived the decedent and who did so survive, and lineal descendants of the same degree who did not survive the decedent but of whom issue did survive the decedent. Each lineal descendant of the nearest degree surviving the decedent shall receive one share and the issue of each deceased lineal descendant of that degree who left issue surviving the decedent shall receive one share apportioned in the manner of representation set forth for issue of the decedent in subsection (b) of this section.

Unless a contrary intention expressly appears, subsection (b) of this section applies to the provisions of a will requiring that upon the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of one specified person. On the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are children of the person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and did not leave issue who were living at the time of the occurrence of the event. Distribution of the shares shall be made as follows: One share shall be distributed to each child, who was living at the time of the occurrence of the event; and One share shall be distributed among the issue of each child who was not living but who left issue who were living at the time of the occurrence of the event in the same manner distribution is to be made to the issue of one specified person as provided by this subsection. Unless a contrary intention expressly appears, subsection (d) of this section applies to the provisions of a will requiring that on the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of: Several persons indicated in the will who are specifically named or in any manner described, designated, or identified; or Persons who are members of a class that is specifically named, or in any manner described, designated, or identified. When the person whose issue are to take by representation or per stirpes is a person who is a member of a class or is one of several indicated persons in a will, on the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are: Members of the class or indicated persons, as the case may be, who are living at the time of the occurrence of the event; and Members of the class or indicated persons, as the case may be, who were not living at the time of the occurrence of the event, but who left issue who were living at the time of the occurrence of the event. Each share shall be divided into as many equal portions as there are children of each member of the class or each indicated person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and who did not leave issue who were living at the time of the occurrence of the event. Distribution of the equal portions shall be distributed as follows: One portion shall be distributed to each child who was living at the occurrence of the event; and The equal portion allocated to a child who was not living but who left issue who were living at the time of the occurrence of the event, shall be distributed in the same manner as distribution is to be made to the issue of one specified person as provided by subsection (b) of this section.