Legal Definitions - presumption of paternity

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.