# Family Law (GFL)

## Title 5. Children

### Subtitle 14. Child Conceived Without Consent

#### Section 5-1401

(a) In this subtitle the following words have the meanings indicated.

(b) "Nonconsensual sexual conduct" means an act committed by a respondent against the other parent that is prohibited under:

  (1) Sec. 3-303 or Sec. 3-304(a)(1) or (2) of the Criminal Law Article; or

  (2) Sec. 3-323 of the Criminal Law Article, if the other parent is a minor and the respondent was at least 4 years older than the other parent at the time of the act.

(c) "Respondent" means the parent against whom an action for termination of parental rights is filed under this subtitle.

#### Section 5-1402

(a) Except as provided in subsection (b) of this section, after a trial, a court may terminate the parental rights of a respondent under this subtitle if the court:

  (1) determines that the respondent has been served in accordance with the Maryland Rules;

  (2)

    (i) finds that the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue in an action under this subtitle; or

    (ii) finds by clear and convincing evidence that the respondent committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue in an action under this subtitle; and

  (3) finds by clear and convincing evidence that it is in the best interest of the child to terminate the parental rights of the respondent.

(b) The court may not terminate parental rights under subsection (a) of this section if the parents were married at the time of the conception of the child at issue unless:

  (1) the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child; or

  (2) the parents were separated in accordance with a protective order during the time of the conception of the child and have remained separate and apart since the time of conception.

(c) A termination of parental rights under this section terminates completely:

  (1) a parent's right to custody of, guardianship of, access to, visitation with, and inheritance from the child; and

  (2) a parent's responsibility to support the child, including the responsibility to pay child support.

#### Section 5-1403

(a) An action for termination of parental rights under this subtitle may be filed by either parent of the child, the child's court-appointed guardian, or the child's court-appointed attorney.

(b)

  (1) An action for termination of parental rights filed by a parent under this subtitle shall be filed within 7 years after the later of:

    (i) the date of the birth of the child conceived as a result of the nonconsensual sexual conduct; or

    (ii) the date on which the parent knew or should have known the other parent's identity.

  (2) An action for termination of parental rights filed by a child's court-appointed guardian or attorney under this subtitle shall be filed before the child becomes an adult.

(c) In an action for termination of parental rights filed against a respondent by a child's court-appointed guardian or attorney under this subtitle:

  (1) the other parent shall be joined as a party to the action; and

  (2) the action may not proceed if the other parent objects before the commencement of a trial under this subtitle.

(d)

  (1) Except as provided in paragraph (3) of this subsection, when proof is made by affidavit that good faith efforts to serve the respondent have not succeeded or that the respondent has acted to evade service, the court may order any other means of service that the court considers appropriate under the circumstances and that is reasonably calculated to give actual notice of the proceeding to the respondent.

  (2) The court shall rule on any motion for alternative service under this subsection within 15 days after the filing of the motion.

  (3) The court may not require publication of the name or personally identifying information of the other parent or the child.

(e)

  (1) A scheduling conference shall be held within 60 days after service of the complaint.

  (2) At the scheduling conference, the court:

    (i) shall issue a scheduling order, taking into consideration the best interest of the child, the time needed for discovery, and the interest of justice;

    (ii) after providing the parents with an opportunity to be heard, may determine temporary custody of the minor child; and

    (iii) shall advise the respondent that:

      (1) the respondent may refuse to testify or to offer evidence; and

      (2) no adverse inference may be drawn from the respondent's refusal to testify or to offer evidence.

  (3) Failure of the court to advise a respondent under paragraph (2)(iii) of this subsection is not grounds to overturn a finding under this subtitle.

  (4) A complaint filed under this subtitle shall include a notice to the respondent that a scheduling conference will be held within 60 days after service of the complaint.

#### Section 5-1404

(a)

  (1) Except as provided in paragraph (2) of this subsection, the court shall hold a trial on termination of parental rights not later than 180 days after an answer to the complaint is filed.

  (2) Unless both parents agree otherwise or the court finds that it is in the best interest of the child to proceed, if a criminal proceeding involving the same underlying facts is pending at the time an action to terminate parental rights under this subtitle is filed, or if a criminal proceeding involving the same underlying facts is commenced after an action to terminate parental rights under this subtitle is filed, the court may stay all further proceedings in the action to terminate parental rights until the criminal proceeding is resolved.

(b) In an action to terminate parental rights under this subtitle:

  (1) the respondent may refuse to testify or to offer evidence; and

  (2) no adverse inference may be drawn from the respondent's refusal to testify or to offer evidence.

(c) A parent's testimony and any other information obtained from the parent in a proceeding under this subtitle and any information directly or indirectly derived from the parent's testimony or the other information are inadmissible as evidence in a criminal proceeding against that parent if:

  (1) the criminal proceeding involves the same underlying facts; and

  (2) the evidence is offered for a purpose other than impeachment.

(d) The court, on its own motion or on petition, and for good cause shown, may order that court records of a proceeding under this subtitle be sealed or may require that filings be submitted and maintained in a form that protects the privacy of the parents and the child.

#### Section 5-1405

(a) A parent in a proceeding under this subtitle is entitled to the assistance of counsel.

(b)

  (1) The court shall:

    (i) refer an unrepresented parent to a qualified grantee of the Maryland Legal Services Corporation for assignment of counsel; or

    (ii) appoint counsel for an unrepresented parent.

  (2) A parent is not entitled to the assistance of counsel at the expense of the Maryland Legal Services Corporation or to appointed counsel unless the parent is indigent.

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Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)