Legal Definitions - presumption of maternity

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.