presumption of paternity

presumption of paternity. Family law. The presumption that the father of a child is the man who (1) is married to the child’s mother when the child was conceived or born (even though the marriage may have been invalid), (2) married the mother after the child’s birth and agreed either to have his name on the birth certificate or to support the child, or (3) welcomed the child into his home and later held out the child as his own. — Also termed paternity presumption; presumption of legitimacy; legitimacy presumption. See presumed father under FATHER. [Cases: Children Out-of-Wedlock

3. C.J.S. Children Out-of-Wedlock §§ 13–17.]


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