Boone v. Youngbar (2016): Disestablishing Paternity

Facts of the Case

Although uncertainty regarding parentage is generally rare, the Maryland courts do see instances in which parentage may be unsettled from time to time. This was the case in Boone v. Youngbar (2016). In this case, the couple lived together for several years, but never married. The couple had a child together in September 2012. Significantly, after the child was born (a daughter), the couple signed an “affidavit of parentage” in which the man formally declared himself to be the father. At the time this document was signed, the mother didn’t make any objections and openly acknowledged that the boyfriend was in fact the biological father. Later, the couple split up and agreed to share custody of the child on a 50/50 basis.

Then, in 2015, the mother went back to court and alleged that this boyfriend was actually not the biological father. She contended that another man, with whom she had engaged in a brief sexual relationship with around the time of conception, was the true biological father of the child. The mother sought to obtain a new DNA paternity in order to conclusively establish that this other man was the father. The court denied the mother’s request, and concluded that the affidavit of parentage, along with the boyfriend’s behavior all throughout the case, justified this decision.

The Significance of the Affidavit of Parentage

The affidavit of parentage was highly significant in this particular case, and it is a very important document altogether. Basically, this document is a sworn statement declaring that the persons signing are in fact the child’s true biological mother and biological father. This document holds substantial legal weight, and it was basically sufficient to defeat the mother’s attempt to rebut paternity. The mother claimed that this other man had already taken a paternity test, and that this test rebutted the affidavit of parentage. The court disagreed, and noted that these affidavits can only be overcome under very exceptional circumstances.

Outcome & Discussion

As mentioned, ultimately the mother was unsuccessful in her efforts to overcome the affidavit and undermine the boyfriend’s parentage status. The court referenced the circumstances under which it may be possible to successfully overcome an affidavit of parentage: (1) fraud, (2) duress, or (3) material mistake of fact. In this case, none of these conditions applied. The mother tried to argue that “material mistake of fact” could apply given that this other man allegedly took a DNA paternity test, but the court disagreed with this argument. The critical thing, in the court’s view, is that the boyfriend still remained firm in his conviction that he was in fact the biological father, even after the mother made such a claim. Plus, the boyfriend’s behavior clearly showed a strong involvement with the child and a continued desire to play a fatherly role.

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