In a recent decision, the Maryland Court of Special Appeals
held that an individual was obligated to pay child support for two children
even though the children were not his.
In Davis v. Wicomico
County, Jessica Cook gave birth to twin boys. Shortly after the birth of the twins, Ms. Cook
and her boyfriend, Justin Davis, signed an “affidavit of parentage” at the
hospital. (Such affidavits are signed
when the mother is not married.) By this
affidavit, Ms. Cook and Mr. Davis affirmed that they were the children’s
parents.
Ms. Cook may have been the mother of the children but Mr.
Davis later found out that he was not the father. Although she knew Mr. Davis was not the
father, Ms. Cook sought child support from him.
Mr. Davis, of course, opposed Ms.
Cook’s efforts for child support and asserted that he was not responsible to
pay child support since the children were not his. (This sounds like a reasonable argument to
me.)
Mr. Davis requested a paternity test but his request was
denied by the Court. Relying upon the
Affidavit of Parentage that he signed at the hospital, the Circuit Court held
that because Mr. Davis had affirmed that he was the father of the children at
the time they were born and he did not rescind his affidavit within 60 days of
signing it (as provided for by statute), the issue of parentage could not be re-litigated
by him.
The Court of Special Appeals affirmed the trial court’s
decision. As a result of the decision,
Mr. Davis is now obligated to pay child support for two children who are not
his. All because he signed an affidavit
of parentage at the hospital.
The take away from this decision: do not sign an affidavit of parentage at the
hospital unless you know you are the children’s father. The assertion contained in the affidavit that
you are the parent of the child will be binding upon you unless you rescind the
affidavit within sixty days of its execution, unless you can prove, fraud, duress
or material mistake of fact. (How’s this for fraud: “She lied to me and I believed her.” Or material mistake of fact: “She told me I was the father and I believed
her.”)
Although the Court’s holding may be technically correct
based upon the applicable statute and the procedural history of the case, it is
grossly inequitable. It requires an
individual who is not the father of two children to be responsible for their support
for roughly 18 years. The legislature
should look at this issue next session and amend the applicable statute to
prevent a recurrence of the inequity that occurred in this case.
The Maryland Department of Human Resources encourages new
mothers to have the putative fathers sign the affidavit of parentage at the
hospital. From the DHR website, “Right
after your baby is born, you can encourage the father to start the paternity
process by signing the Affidavit of Parentage while you are still in the
hospital. . . . The hospital staff can help you complete the form free of
charge. They can even act as your witness. . . .The hospital staff will send
the Affidavit to the Division of Vital Records.” DHR’s website also proclaims that “Paternity
Establishment is Important!” That may be
true but I think it is more important for the state to determine paternity
correctly and when paternity is determined in error, to provide a mechanism to
correct it.
