2019 LEGISLATIVE UPDATE: HB 519/SB 697
Family Law: AR & Adoption 
In case you missed it, a new law that impacts parentage was the focus of this year's legislative session. HB519/SB697 was an attempt at a comprehensive assisted reproduction (AR) bill. The Bill was passed by both chambers of the General Assembly, was signed by Governor Hogan, and became effective on June 1, 2019.
New Parentage Presumption for the Second Parent

HB519 updates the second parent parentage presumption for unmarried couples in ESTATES AND TRUSTS §1-208(b) to extend to the second parent as long as the second parent consented to the conception of the child via AR. This section does not change the birth parent parentage presumption in §1-208(a).

The parentage presumption for married couples (§1-206) was also updated. Now, the presumption extends to the second spouse when a child conceived via AR is conceived during the marriage. Previously, the presumption was only afforded to the AR mother.
Consequences of the Update

Critically, the update means that the second parent does not need to establish their parentage through a judicial proceeding.

In a custody & visitation proceeding prior to HB519, for example, the second parent of a child conceived via AR was treated as a third party, needing to overcome the “exceptional circumstances and parental unfitness” standard rather than the less-burdensome “best interests of the child.” Now, the second parent of a child conceived via AR is afforded the parentage presumption in these proceedings.

Of note, however: HB519’s parentage presumptions do not necessarily resolve parental rights in other states. Thus, couples who conceive via AR likely need to continue to go through this second parent adoption process in order to ensure recognition of their parental rights.
Easier Adoption for Unmarried Couples

Second, HB519 adds a new section, §5-3B-27, to the FAMILY LAW title. Instead of filing a marriage certificate, the section allows for unmarried couples to file evidence of their shared intent to conceive the child via AR as well as any written agreement consenting to the conception.
Addition of Gender Neutral Language

HB519 updates the language in certain sections of the Maryland Code to be more gender neutral.

For example, the Bill amends the definition of “Father” and “Mother” in §5-1001 of the FAMILY LAW title to read “an individual, regardless of gender . . .” 
Name of Second Parent on Child's Birth Certificate

Lastly, HB519 amends §5-1028(c). Now, the full name of the second parent must appear on the birth certificate of a child conceived via AR.
To learn more, you can read the bill here .
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