Detailed answer — how parentage is established in Maryland

Legal recognition of a parent–child relationship matters for inheritance. Maryland determines who can inherit from a decedent based on statutory rules and on whether someone is legally recognized as the decedent’s child. The Family Law statutes govern parentage procedures, and probate issues (including who is an heir) go through the county Orphans’ Court or the circuit court during an estate administration.

Key legal resources (for background):

• Maryland Family Law (Parentage provisions): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=family
• Maryland Courts — information on paternity and family procedures: https://www.mdcourts.gov/legalhelp/family/paternity
• Maryland Courts — Orphans’ Court and probate information: https://www.mdcourts.gov/clerks/orphanscourt
• Maryland Department of Health — Vital Records (birth certificates): https://health.maryland.gov/vsa/Pages/home.aspx

Common paths to prove parentage for inheritance

1) Voluntary acknowledgment (when the father is alive)

If the father is alive and willing, he can sign a voluntary acknowledgement of paternity or otherwise sign documents recognizing you as his child. That helps, but if the father later disputes paternity or is deceased, a court may still require additional proof.

2) Court adjudication / paternity (when father is alive)

You (or the estate/personal representative) can file a paternity action in the appropriate Maryland court. The court will typically order genetic testing (DNA). Courts accept DNA results from accredited labs and will use the results together with other evidence to decide parentage. DNA tests in court-required cases follow strict chain‑of‑custody rules.

3) Proving parentage when the father is deceased

If the father died without a will (intestate) or you are claiming to be an omitted heir under a will, you can ask the probate/Orphans’ Court to determine heirship. Methods the court will consider include:

• Court-ordered DNA tests — from the father’s preserved tissues, remains (when legally permissible), or from close relatives (siblings, the father’s parents) to perform kinship analysis.
• Contemporaneous documents — letters, legal filings, hospital or Social Security records where the father acknowledged you, school or medical records listing parentage, tax returns showing dependency, or insurance/benefit records.
• Patterns of relationship — evidence the father treated you as a child (financial support, living together, introductions as father-and-child, photographs, affidavits from witnesses who knew of the relationship).

Maryland courts consider the totality of the evidence. DNA is powerful but not always required if other convincing evidence exists.

4) Probate timing and claims

If an estate is open, contact the personal representative (executor/administrator) promptly and file your claim with the Orphans’ Court or probate clerk. If you wait too long after an estate closes, it can be more difficult to reopen the estate and assert an inheritance claim. If you suspect you have a claim, act quickly — timelines vary by case.

5) If there is a will

If the decedent left a will that excludes you, a paternity adjudication can still affect your rights in some situations (for example, if you are an omitted child). The procedures are more complex when a will exists; you may need to challenge the will or seek classification as an omitted heir.

What evidence typically helps the most

• Court-ordered DNA test results (from the father, his close relatives, or a chain-of-custody test on stored tissue).
• Original documents: birth records, baptismal records, school records identifying parent, medical records, Social Security records, and tax returns naming you as dependent.
• Affidavits from people who had ongoing contact with you and the father and can attest the father acknowledged you as his child.
• Records of financial support or shared residence.

Practical, step-by-step checklist

1. Determine whether probate for the decedent’s estate is open. If yes, contact the personal representative immediately and state your intent to assert heirship.
2. Collect documentary evidence: your birth certificate, school/medical records, Social Security files, tax returns, letters, photos, and any official documents showing the father’s recognition of you.
3. Ask (politely) whether the father or his family will agree to voluntary DNA testing. If they refuse, be prepared to seek court-ordered testing.
4. If the father is deceased and biological samples are needed, tell an attorney or the court whether any tissue, medical samples, or stored blood exist that might allow DNA testing. If not, consider DNA from close relatives for a kinship test.
5. File the appropriate court petition: a paternity/filial action if the father is alive, or a petition in the probate/Orphans’ Court or a related circuit court action if the father is deceased and you are asserting heirship.
6. Be prepared for hearings, subpoenas for records, and possible mediation or settlement discussions. Follow court instructions about DNA collection and chain-of-custody rules if testing is ordered.

Where to file and who can help

Paternity actions normally start in Maryland circuit courts. Probate and heirship issues are handled through the Orphans’ Court associated with the circuit court in the county where the decedent lived. For procedural details and local rules, use the Maryland Courts site: https://www.mdcourts.gov.

When to get legal help

Proving parentage for an inheritance claim may involve overlapping areas of law (family law, probate, evidence). Consult a Maryland probate or family law attorney if the estate is valuable, the family situation is contentious, or complex DNA/forensic issues exist. If you cannot afford a lawyer, look for local legal aid, law school clinics, or the Maryland Volunteer Lawyers Service.

Helpful Hints

• Start gathering evidence now. Documents and witness memories fade; collecting early makes your case stronger.
• Use accredited labs and request court-ordered DNA testing when possible. Private home kits are not acceptable for court evidence unless proper chain-of-custody is followed.
• If the estate is open, notify the personal representative in writing of your claim and request that they preserve evidence.
• Preserve any possible biological samples (keepsakes, medical records noting tissue storage) and tell your attorney — even old medical specimens can sometimes be tested.
• Get names and contact info for relatives who may be willing to provide swabs for kinship testing (siblings, grandparents, aunts/uncles).
• Keep copies of everything you send to courts or the estate. Track dates and methods of delivery.
• Act quickly — probate timelines and estate closings can limit options if you delay.
• Do not sign away your rights without getting independent legal advice if you are asked to give up claims in exchange for payment.