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§ 5-1402. Termination of parental rights after conviction of nonconsensual sexual conduct that ...

West's Annotated Code of MarylandFamily LawEffective: February 13, 2018

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 14. Child Conceived Without Consent (Refs & Annos)
Effective: February 13, 2018
MD Code, Family Law, § 5-1402
§ 5-1402. Termination of parental rights after conviction of nonconsensual sexual conduct that resulted in conception of child
Currentness
In general
(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.
Married parents exception
(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.
Effect of termination
(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.

Credits

Added by Acts 2018, c. 3, § 1, eff. Feb. 13, 2018; Acts 2018, c. 4, § 1, eff. Feb. 13, 2018.
MD Code, Family Law, § 5-1402, MD FAMILY § 5-1402
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document