Section 26-17-5

Presumption of paternity; rebuttal.

(a) A man is presumed to be the natural father of a child if any of the following apply:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.

(2) Before the child's birth he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

a. If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after the termination of the attempted marriage by death, annulment, declaration of invalidity, or divorce; or

b. If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law although the attempted marriage is or could be declared invalid, and

a. He has acknowledged his paternity of the child in writing, the writing being filed with the appropriate court or the Office of Vital Statistics; or

b. With his consent, he is named as the child's father on the child's birth certificate; or

c. He is otherwise obligated to support the child either under a written voluntary promise or by court order.

(4) While the child is under the age of majority, he receives the child into his home or otherwise openly holds out the child as his natural child.

(5) He acknowledges his paternity of the child in a writing filed in accordance with provisions of the legitimation statute.

(6) He and the child's mother have executed an affidavit of paternity in accordance with the provisions of this chapter.

(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.

(Acts 1984, No. 84-244, p. 375, §5; Acts 1994, No. 94-705, p. 1362, §1.)