What is Presumption of Paternity?

A presumption of paternity presumes that a man is a child’s father. The presumption is typically created by the child being born during the marriage or within 300 days of a marriage termination. However, it can also be created if the natural mother and the father marry after the child’s birth if he acknowledges his paternity of the child in writing and files the writing with the registrar of vital statistics; he gives consent and is named on the child’s birth certificate; or he is obligated to support the child. Additionally, a presumption of paternity may arise where a person holds a child out as his natural child.