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1.
Effective 09/01/89 through 08/31/99:
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a.
he and the child's biological mother are or have been married to each other and the
child is born during the marriage or not more than 300 days (“within the period of
gestation” for the period of time between 01/01/74 and 09/01/89) after the date the
marriage terminated by death, annulment, divorce, or by having been declared void;
or
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b.
(I) before the child's birth, he and the child's biological mother attempted to marry
each other by a marriage in apparent compliance with the law, although the attempted
marriage is or could be declared void, and the child is born during the attempted
marriage or not more than 300 days after the date the attempted marriage terminated
by death, annulment, divorce, or by having been declared void; or
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c.
(I) after the child's birth, he and the child's biological mother have married or
attempted to marry each other by a marriage in attempted compliance with law, although
the attempted marriage is or could be declared void or voided by annulment, and:
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i.
he has filed a written acknowledgment of his paternity of the child (see section A.5.
above for proper form); or
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ii.
he consents in writing to be named as the child's father on the child's birth certificate,
and is so named; or
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iii.
he is obligated to support the child under a written voluntary promise or by court
order; or
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d.
(I) without attempting to marry the mother, he consents in writing to be named as
the child's father on the child's birth certificate; or
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e.
(I) before the child reached the age of majority, he receives the child into his home
and openly holds out the child as his biological child; or
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2.
Effective 09/1/99 through 06/13/01, a man is presumed to be the child’s biological
father if:
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a.
he and the child's biological mother are or have been married to each other and the
child is born during the marriage or not more than 300 days (“within the period of
gestation” for the period of time between 01/01/74 and 09/01/89) after the date the
marriage terminated by death, annulment, divorce, or by having been declared void;
or
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b.
(I) before the child's birth, he and the child's biological mother attempted to marry
each other by a marriage in apparent compliance with the law, although the attempted
marriage is or could be declared void, and the child is born during the attempted
marriage or not more than 300 days after the date the attempted marriage terminated
by death, annulment, divorce, or by having been declared void; or
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c.
(I) after the child's birth, he and the child's biological mother have married or
attempted to marry each other by a marriage in attempted compliance with law, although
the attempted marriage is or could be declared void or voided by annulment, and:
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i.
he has filed a written acknowledgment of his paternity of the child (see section A.5.
above for proper form); or
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ii.
he consents in writing to be named as the child's father on the child's birth certificate,
and is so named; or
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iii.
he is obligated to support the child under a written voluntary promise or by court
order; or
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3.
Effective 06/14/01, a man is presumed to be a child’s biological father if:
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a.
he and the child's biological mother are or have been married to each other and the
child is born during the marriage or not more than 300 days (“within the period of
gestation” for the period of time between 01/01/74 and 09/01/89) after the date the
marriage terminated by death, annulment, divorce, or by having been declared void;
or
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b.
(I) before the child's birth, he and the child's biological mother attempted to marry
each other by a marriage in apparent compliance with the law, although the attempted
marriage is or could be declared void, and the child is born during the attempted
marriage or not more than 300 days after the date the attempted marriage terminated
by death, annulment, divorce, or by having been declared void; or
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c.
(I) he married the mother of the child after the birth of the child in apparent compliance
with the law, regardless of whether the marriage is or could be declared invalid,
he voluntarily asserted his paternity of the child, and:
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i.
the assertion is in a record filed with the bureau of vital statistics;
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ii.
he is voluntarily named as the child’s father on the child’s birth certificate; or
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iii.
he promised in a record to support the child.
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d.
(I) during the first two years of the child’s life, he continuously resided in the
household in which the child resided and he represented to others that the child was
his own.
NOTE: For periods prior to 06/14/01, a presumption based on a child’s birth during a marriage
or within the 300 days after the termination of the marriage or attempted marriage
may only be rebutted by clear and convincing evidence. If two or more presumptions
arise that conflict, the presumption that is founded on the weightier considerations
of policy and logic controls. The presumption is rebutted by a court decree establishing
paternity of the child by another man.
Effective 06/14/01, a presumption of paternity based on a child’s birth during a marriage
or within the 300 days after the termination of the marriage or attempted marriage
may be rebutted only by court adjudication.
Effective 09/1/03, a presumption of paternity based on a child’s birth during a marriage
or within the 300 days after the termination of the marriage or attempted marriage
may be rebutted only by court adjudication or the filing of a valid denial of paternity
by a presumed father in conjunction with the filing by another person of a valid acknowledgement
of paternity.