Davis v. Wicomico County Bureau

McDONALD, j.,

dissenting, which BARBERA, C.J., and WATTS, J., join.

Petitioner Justin Davis seeks a genetic test under Maryland Code, Family Law Article,1 §§ 5-1029 and 5-1038, in order to determine whether he is the father of twins born to Jessica Cook in 2009. According to Mr. Davis, Ms. Cook led him to believe, at the time of the birth, that he was the biological father and he executed affidavits of parentage to that effect. It is undisputed that Ms. Cook herself never believed that they were Mr. Davis’ offspring.

The Majority opinion holds that Mr. Davis cannot get a genetic test because he…