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LSDefine
Simple English definitions for legal terms
presumption of paternity
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A quick definition of presumption of paternity:
Presumption of Paternity: This is a rule that says that the father of a child is usually the man who is married to the child's mother when the child was born or conceived. It can also apply to a man who marries the mother after the child is born and agrees to support the child or puts his name on the birth certificate. If a man welcomes a child into his home and treats the child as his own, he can also be considered the father. This rule is sometimes called the "presumption of legitimacy" or "acknowledged father."
A more thorough explanation:
The presumption of paternity 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 later found to be 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. Even if the couple later divorces and it is discovered that the child was not biologically related to the husband, he may still be considered the legal father due to the presumption of paternity.
This presumption can have important legal implications, such as determining child support and custody arrangements. However, it can be challenged in court if there is evidence to suggest that the presumed father is not the biological father of the child.
presumption of natural and probable consequences | presumption of survivorship