Presumption of paternity in
paternity law
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's pa ...
and
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
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,
a presumption of paternity can also be made by court order, contact over time with a child, or simple cohabitation with the mother.
If there is no presumption of paternity, a process such as
recognition may be used to establish paternity.
See also
*
Presumption of legitimacy The "presumption of legitimacy" is a common law rule of evidence that states that a child born within the subsistence of a marriage is presumed to be the child of the husband.
Early history
Paternity is considered an important issue in determining ...
*
Recognition (family law)
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of '' mater semper cer ...
References
Family law
Paternity
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