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§ 1-205. Child defined

West's Annotated Code of MarylandEstates and TrustsEffective: June 1, 2013

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 1. Estates of Decedents--General Provisions (Refs & Annos)
Subtitle 2. Determining Relationship (Refs & Annos)
Effective: June 1, 2013
MD Code, Estates and Trusts, § 1-205
§ 1-205. Child defined
Currentness
In general
(a) A child includes:
(1) A legitimate child, an adopted child, and an illegitimate child to the extent provided in §§ 1-206 through 1-208 of this subtitle; and
(2) A child conceived from the genetic material of a person after the death of the person if:
(i) The person consented in a written record to use of the person's genetic material for posthumous conception in accordance with the requirements of § 20-111 of the Health--General Article;
(ii) The person consented in a written record to be the parent of a child posthumously conceived using the person's genetic material;
(iii) The child is born within 2 years of the person's death; and
(iv) With respect to any trust, the person was the creator of the trust and the trust became irrevocable on or after October 1, 2012.
Stepchildren, foster children, or grandchildren
(b) A child does not include a stepchild, a foster child, or a grandchild or more remote descendant.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2005, c. 465, § 1, eff. June 1, 2005; Acts 2012, c. 649, § 1, eff. Oct. 1, 2012; Acts 2013, c. 644, § 1, eff. June 1, 2013.
Formerly Art. 93, § 1-205.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2005 Legislation
Acts 2005, c. 465, § 1, repealed and reenacted this section without amendment.
2012 Legislation
Acts 2012, c. 649, § 1, rewrote the section, which previously had read:
“A child includes a legitimate child, an adopted child, and an illegitimate child to the extent provided in §§ 1-206 through 1-208 of this subtitle. A child does not include a stepchild, a foster child, or a grandchild or more remote descendant.”
2013 Legislation
Acts 2013, c. 644, § 1, added subsecs. (a)(2)(iii) and (iv).
Acts 2013, c. 644, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply only to a child of a decedent who dies on or after October 1, 2012, and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
MD Code, Estates and Trusts, § 1-205, MD EST & TRST § 1-205
Current through Chapters 1 to 11 from the 2020 Regular Session of the General Assembly.
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