Skip to main content
Find a Lawyer

Maryland Code, Family Law § 5-1402

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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.

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maryland Code, Family Law § 5-1402 - last updated January 01, 2025 | https://codes.findlaw.com/md/family-law/md-code-family-sect-5-1402/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard