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Simple English definitions for legal terms
presumption of maternity
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A quick definition of presumption of maternity:
The presumption of maternity is a rule in family law that assumes the woman who gave birth to a child is both the biological and legal mother of the child. This means that unless proven otherwise, the woman who gave birth is considered the mother. This is similar to the presumption of paternity, which assumes that the man married to the mother at the time of birth is the father of the child.
A more thorough explanation:
The presumption of maternity is a legal concept in family law that assumes the woman who has given birth to a child is both the biological and legal mother of the child.
For example, if a woman gives birth to a child, she is presumed to be the child's mother, even if there is no genetic testing to confirm her biological relationship to the child.
This presumption is important in cases where there may be disputes over the identity of the child's mother, such as in cases of surrogacy or adoption. It helps establish a legal relationship between the mother and child, which can have important implications for issues such as custody, support, and inheritance.
presumption of legitimacy | presumption of natural and probable consequences