Simple English definitions for legal terms
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In family law, paternity presumption means that the law assumes that the father of a child is the man who is married to the child's mother when the child was conceived or born, even if the marriage was invalid. It also applies to a man who married the mother after the child's birth and agreed to have his name on the birth certificate or to support the child, or a man who welcomed the child into his home and later held out the child as his own. This is also called the presumption of legitimacy.
Paternity presumption is a legal concept in family law that assumes the identity of the father of a child. It is based on certain circumstances that create a presumption of paternity, even if there is no biological proof of the father's identity.
There are three situations that can create a presumption of paternity:
For example, if a married couple has a child, the husband is presumed to be the father of the child. Even if there is evidence that the husband is not the biological father, the paternity presumption still applies.
Another example is when a man marries a woman who already has a child. If the man agrees to support the child and puts his name on the birth certificate, he is presumed to be the father of the child.
The paternity presumption is important in determining child support, custody, and visitation rights. It can also affect inheritance rights and other legal matters related to the child.