Amy Mulligan v. William Corbett

Amy Mulligan v. William Corbett

Paternity: presumption of legitimacy: child conceived during marriage

CoA No. 43, Sept. Term 2011. Reported. Opinion by Rodowsky, J., retired, specially assigned. Filed May 23, 2012. Petition from Court of Special Appeals, on appeal from Frederick County. RecordFax #12-0523-22, 62 pages.

The presumption of legitimacy under FL §5-1027(c)(1) is based on the time of conception, not birth. Thus, the fact that the child was born after the mother’s divorce did not establish the respondent’s status as a putative father, entitled to a blood test under FL §5-1002(c); rather, respondent must rebut the presumption of legitimacy by other evidence.

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