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Simple English definitions for legal terms
legitimacy presumption
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A quick definition of legitimacy presumption:
Legitimacy Presumption: When a child is born, there is a presumption that the father is the man who is married to the child's mother or who has agreed to support the child and be named on the birth certificate. This means that the law assumes that the man is the child's father unless proven otherwise.
A more thorough explanation:
Legitimacy presumption is a legal concept in family law that assumes the father of a child is the man who meets certain criteria. These criteria include:
- Being married to the child's mother when the child was conceived or born, even if the marriage was invalid
- Marrying the mother after the child's birth and agreeing to have his name on the birth certificate or to support the child
- Welcoming the child into his home and later holding out the child as his own
For example, if a married couple has a child, the husband is presumed to be the father of the child. This presumption can be challenged, but it is the starting point for determining paternity in many cases.
The legitimacy presumption is also known as the presumption of paternity, presumption of legitimacy, or paternity presumption.