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Family Law—Denial of Paternity, Custody and Visitation

Bill Number:            HB500/SB516

Synopsis               This bill seeks to limit the parental rights of rapists when a child was conceived as a result of the rape. 

Committee(s):     House Judiciary and Senate Judicial Proceedings

Lead Sponsors:    Delegate Kathleen Dumais, 410-841-3052
                            Senator Jamie Raskin, 410-841-3634

Lead Group(s):    Maryland Coalition Against Sexual Assault 
   
                     Lisae Jordan, 443-995-5544

Background Information:

This bill seeks to limit the parental rights of rapists when a child was conceived as a result of the rape.  Currently, if a survivor of rape has a child as a result of the rape, the rapist has parental rights under Maryland law.  A survivor who chooses to make an adoption plan for the child must notify the rapist and he has the right to contest the adoption.  A survivor who chooses to raise the child may have to litigate issues of custody and visitation and the rapist will have the right to raise these issues repeatedly until the child turns 18.  The issue of parental rights for rapists  is an important issue for women.  Women are disproportionately the victims of sexual assault and women are those who must deal with a pregnancy caused by rape.

 

 

 

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Last modified: April 30, 2008