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May 21

CHANGE IN THE LAW: The Before & After of “Legitimate Child,” “Presumed Parentage,” and Adoption

SB697 Bill Signing; Photo by: Patrick Siebert & Joe Andrucyk, 5/13/2019

http://govpics.maryland.gov/pages/Download.aspx?EventItem=7036&ImageItem=717545&Month=05&Day=13&Year=2019&Event=Bill+Signing&Photographer=Patrick+Siebert%2c+Joe+Andrucyk&Path=ImageHandler.ashx%3fEventID%3d7036&ImageID=717545&Thumbs=False

By: Valerie E. Anias, Esq.

On March 6, 2019, I testified before the Maryland Senate on Senate Bill 697.  Senate Bill 697 sought to redefine Parentage and to create a process for Second Parent Adoption.  On May 13, 2019, I appeared standing behind Governor Hogan to watch Senate Bill 697 be signed.    This day is a tremendous win for so many families in Maryland. 

The Before and After of a “Legitimate Child” and “Presumed Parentage”

Before: Maryland defined a “legitimate” child as one that was born as a result of a marriage between a man and woman, a child legally adopted, or a child conceived through artificial insemination with the presumed consent of the Husband.  In practice, this meant that a child born between a married man and woman was presumed the legitimate child of both, regardless of the biological makeup.  For example, if a woman in a heterosexual marriage used donor material, the husband was always the presumed parent and automatically received the title as a legal parent.  However,  lesbian couples in an identical situation – one gestational parent and one non-gestational parent – were not granted the same legal presumption.  As a result, lesbian couples in an identical situation involving artificial reproduction were forced to petition a court to grant the adoption of their child by the non-gestational parent.

After:  Effective June 1, 2019, a child born between a mother and her spouse is presumed to be the child of the spouse.  Removing the identification of “husband” removed the implication that a legitimate child could only be born between a married man and woman.  In just a few days, a child born from a mother is presumed to be the legitimate child of her spouse, regardless of sex, by virtue of being married.  This enables both spouses to be considered the legal parent without having to formally adopt the child born as a result of their marriage.  It should be noted that same-sex couples should still formally adopt their child to ensure safety as the legitimacy of the child would only be presumed in Maryland.

The Before and After of a “Second Parent Adoption”

Before:  In some states, a second-parent adoption is different from a traditional adoption proceeding of two non-biological parents.  In Maryland, however, there was no special rule or consideration for second-parent adoptions by same-sex parents or step-parents.  The statute, Maryland Rule 9-103, which requires a doctor’s letter, consent by the biological parent, proof of income, and various forms of “proof” that the adoptive parent is an appropriate candidate to adopt the child all apply. The non-gestational spouse/step-parent was forced to request the Court to approve, evaluate, and then determine their parentage of a child they have intentionally brought into this world in the same way a heterosexual married couple could have or raised as their own. 

After:  Effective June 1, 2019, the process for a step-parent or same-sex parent to adopt is much more simple and less invasive.  It provides a separate process for parents using a surrogate or for a step-parent to adopt their spouse’s child without having to navigate the waters of a traditional adoption.  It allows parents to proceed as the intended parents of the adoptee.

This law allows families to establish themselves as families without belittling their status.  It ensures children’s safety and security, by removing complex procedures and technicalities to simplify the process of recognizing their parents. Formal recognition of a parent’s “legal parentage” protects all aspects of a parent – child relationship such as ensuring that their child will be able to access that parent’s health insurance, Social Security, and other benefits as the parent’s beneficiary; whether the child will inherit after their parent’s death; or whether the parent’s relationship with their child will be legally recognized in states other than Maryland. 

Put simply, this change recognizes families as families.  Love wins.

Sep 28

Family Law: New Laws

Attorney,Annapolis,MD,Family Law

On this week’s #FamilyFriday article, ERA Law Group, LLC wants to discuss some recent changes in Maryland Law that will become effective October 1, 2018 including getting a quick divorce with minor children and what happens when you owe child support!

1. Divorce by Mutual Consent expanded!

As some may know, effective October 1, 2016, Maryland Law permitted couples to divorce without waiting the formerly required one-year if they settled all marital issues and did not have any minor children. Now, Maryland has permitted this type of divorce – by Mutual Consent – to occur for couples with minor children. The couple still must resolve all marital issues such as alimony, marital property, debt, etc. and also must resolve all issues concerning the children including child support, physical custody and legal custody.

Additionally, mutual consent no longer requires both parties to be present for the divorce hearing. Only 1 party needs to be present.
Now, more than ever, Courts are going to want to see detailed and thorough separation agreements which completely capture the settlement arrangement between parties. Additionally, parenting plans – plans that focus on the upbringing of children in a divided household – will be a useful tool in ensuring that the matters concerning the minor children truly are and remain settled.

2. Failure to Pay Child Support!

When an individual fails to pay child support one of the immediate consequences is the revocation of their license. While this is a significant consequence, it often creates more harm than good. Without a license, the obligated person can’t get to work. If that person can’t get to work, they can’t pay child support. If they can’t pay child support, they become further in arrears. The cycle continues.

Effective October 1, 2018, a person who has suffered the above consequence and has successfully enrolled in an employment program with the Child Support Administration can have their license reinstated and can, upon referral from CSA, have their driving record expunged of the suspension. This new law encourages those parents who are in arrears to enroll in programs which will assist in the improvement of their employment and thus, pay their child support.

3. You can orally modify your grounds for divorce!

In most contested divorce cases, couples have various reasons they are seeking a divorce. That could mean adultery, cruelty of treatment, desertion, etc. When filing for divorce the filing party must select the grounds for their impending divorce. If, after a period of months and negotiation, they later decide to settle their issues and wish to proceed on an uncontested ground such as a 12-month separation, they would need to formally file an amended complaint. Unless represented by an experienced attorney who catches the need to file an amended complaint, this often creates unnecessary delay.

Effective October 1, 2018, parties do not need to file the amended complaint and can orally modify their complaint in open court at their final hearing and state that they wish to proceed on a 12-month separation. This is especially useful for couples who may not settle until just days or hours before the final hearing and/or couples not represented by an attorney. It allows couples to proceed with their divorce without having to prove the original grounds in which they filed.

Jun 15

#FamilyFriday: ERA’s Fixed Fee Family Services

By: Valerie E. Anias, Esq.

Potential clients are often concerned with the expense associated with resolving their family disputes.  It’s understandable as these matters can accrue substantial legal fees.  In this week’s #FamilyFriday article, ERA Law Group, LLC discusses ways you can mitigate your expenses and how we can help!Read More

Apr 27

#FamilyFriday: What is the “Best Interests of the Child” Standard?

After families separate, parents must decide where their children will live, or custody, and what schedule the children will have with the other parent, or visitation.  Some families can settle this among themselves while others require Court intervention.  Often parents assume the Court will award custody to the mother however, that’s not necessarily the case.  In this week’s #FamilyFriday articleRead More

Dec 01

#FamilyFriday – Filing Exceptions

As previously discussed in an earlier #FamilyFriday article, the Court, upon request, will schedule a Pendente Lite (PL) hearing while the parties wait for their final hearing.  What happens if you disagree with the Court’s order for Pendente Lite relief?  What if the Court denies any Pendente Lite relief?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC discuss the process for filing Exceptions.Read More

Oct 27

#FamilyFriday – I’m Getting Divorced: What Happens in Court?

A source of worry and concern for many clients involve what to expect when they go to Court for their divorce.  What will  my spouse’s attorney ask me?  What dirty laundry is going to be shared?  What will the Judge decide?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to give an overview of what it will actually look like in a courtroom the day of your hearing.Read More

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