Presumption of Paternity

People think the father's name on the birth certificate means something. I hope this post explains why the name or lack of name on a child's birth certificate does not matter.

A presumption only eases the way to establishing paternity but does not establish paternity. Two Indiana statutes create presumptions in paternity cases.

Indiana Code 31-14-7-1 creates by statute a presumption of paternity for a possible father.

presumption
n. a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption....

How does Indiana law presume paternity? Let me count the ways:

1. The man and the child's biological mother are or have been married to each other; and child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;
   
2. the man and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage: (i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or (ii) is voidable under IC 31-11-9; and (B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution;
   
3. the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child's biological father.

That is not all, IC 31-14-7-2 speak specifically of a rebuttable presumption and what is a rebuttable presumption?

rebuttable presumption
n. since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy.

Indiana's General Assembly first gives the law a general precondition:

If there is not a presumed biological father under section 1 or 1.5 (which is interesting because I see no section 1.5) of this chapter, there is a rebuttable presumption that a man is the child's biological father if, with the consent of the child's mother, the man...

Then we have another list:

1. receives the child into the man's home; and
2. openly holds the child out as the man's biological child.
   

IC 31-14-7-2(b) clearly states that this presumption does not establish the man's paternity. For establishing paternity you have to look at IC 31-14-2-1.