Program Operations Manual System (POMS)
TN 27 (12-00)
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A.
Effective 07/01/79 (unless a different effective date is specified below), a child
can inherit from his/her natural father and the father from the child if a parent-child
relationship can be established under Nevada law under one of the provisions below.
Effective 10/01/83, the parent-child relationship between a child and the natural
mother may be established by her having given birth to the child.
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1.
A man is presumed to be the natural father of a child if:
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a.
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 285 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; or
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b.
He and the child's natural mother were cohabiting for at least 6 months before the
period of conception and continued to cohabit through the period of conception; or
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c.
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 invalid or could be declared invalid; and:
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(1)
if the attempted marriage could be declared invalid only by a court, the child is
born during the attempted marriage, or within 285 days after its termination by death,
annulment, declaration of invalidity or divorce; or
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(2)
if the attempted marriage is invalid without a court order, the child is born within
285 days after the termination of cohabitation; or
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d.
Prior to 10/01/83, 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 law, although the attempted marriage is invalid or could be declared invalid
and:
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(1)
he has acknowledged his paternity of the child in writing; or
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(2)
with his consent, he is named as the child's father on the child's BC; or
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(3)
he is obligated to support the child under a written voluntary promise or by court
order; or
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e.
While the child is under the age of majority (age 18), he receives the child into
his home and openly holds out the child as his natural child; or
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f.
At any time he acknowledges his paternity of the child in a writing filed with the
State registrar of vital statistics; or
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g.
Effective 10/01/95, blood tests show a probability of 99 percent or more that he is
the father; unless a party files written objections to such blood test results, they
are admissible as evidence of paternity without any further proof of authenticity
or accuracy. If genetic tests do not meet the 99 percent standard, the factfinder
cannot use the tests alone to establish a presumption or rebuttal of paternity.
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2.
If another man is presumed under this section to be the child's father, acknowledgment
may be effected only with the written consent of the presumed father or after the
presumption has been rebutted by a court decree.
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3.
These presumptions may be rebutted only by clear and convincing evidence. If two or
more presumptions arise which conflict with each other, the controlling presumption
is the one which on the facts is founded on the weightier considerations of policy
and logic. Any of the presumptions is rebutted by a court decree establishing paternity
of the child by another man.
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B.
Effective 07/01/79, a parent-child relationship may also be established by the judgment
or order of a court issued in a paternity action pursuant to NRS section 126, or civil
or criminal proceedings for child support under NRS section 130.245 or 201.025. Such
an order rebuts any of the above presumptions, except the presumption that a court
decree may establish paternity of the child by another man. If two competing court
decrees, judgments, or orders establish contradictory identities for the father, SSA
will choose the court decree, judgment or order most in keeping with policy and logic.
For claims filed on or after 11/27/98, a court order is not required. SSA may make
its own determination of paternity, using a preponderance of evidence standard of
proof, applicable to determinations made before and after the father's death.
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C.
To establish paternity in the absence of an established presumption, or to rebut a presumption of paternity, SSA will consider evidence relating to paternity
such as:
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1.
Evidence of sexual intercourse between the mother and alleged father at any possible
time of conception;
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2.
An expert's opinion concerning the statistical probability of the alleged father's
paternity based upon the duration of the mother's pregnancy;
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3.
An expert's opinion concerning blood test results or genetic identification weighted
in accordance with evidence, if available, of the statistical probability of the alleged
father's paternity;
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4.
Medical or anthropological evidence relating to the alleged father's paternity of
the child based on tests performed by experts;
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5.
All other evidence relevant to the issue of paternity of the child.
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D.
Prior to 01/01/79, a child acquired the status of child if:
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2.
Before 03/28/53, the father publicly acknowledged the child as his own or received
it as such into his family (with wife's consent if he was married), or otherwise treated
it as his legitimate child, consent of the mother of the child being necessary unless
she had been deprived of civil rights, judicially deprived of the child's custody,
or declared incurably feebleminded or insane by a court, or had deserted the child
without provision for her identification; or
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3.
(I) Father acknowledges child as his own by statement in writing signed in presence
of competent witness.
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E.
Prior to 07/01/79, a father acquires status of parent if:
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2.
Before 03/28/53, father publicly acknowledged child as his own or received it as such
into his family (with wife's consent if he was married), or otherwise treated it as
his legitimate child, consent of mother of child being necessary unless she had been
deprived of civil rights, judicially deprived of child's custody, or declared incurably
feebleminded or insane by a court, or had deserted child without provision for her
identification.