Presumption of paternity

Concept in family law and common law

Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage.

Generally associated with marriage, [1] a presumption of paternity can also be made by court order, contact over time with a child, or simple cohabitation with the mother. [2]

If there is no presumption of paternity, a process such as recognition may be used to establish paternity.

See also

  • Presumption of legitimacy
  • Recognition (family law)

References

  1. ^ "The Presumption of Legitimacy". biotech.law.lsu.edu.
  2. ^ Australia, Commonwealth of (1975). "Family Law Act 1975 - SECT 69Q". Australasian Legal Information Institute.
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