Between a child and the father, a man is presumed to be the father of a child if:
He and the child's 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
or by the filing of a journal entry of a decree of annulment or divorce;
Before the child's birth, he and the child's mother have attempted to marry each other
by a marriage solemnized in apparent compliance with law, although the attempted marriage
is void or voidable and:
if the attempted marriage is voidable, the child is born during the attempted marriage
or within 300 days after its termination by death or by the filing of a journal entry
of a decree of annulment or divorce; or
if the attempted marriage is void, the child is born within 300 days after the termination
After the child's birth, he and the child's mother have married, or attempted to marry
each other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is void or voidable and:
he has acknowledged his paternity of the child in writing;
with his consent, he is named as the child's father on the child's birth certificate;
he is obligated to support the child under written voluntary promise or by court order.
He notoriously or in writing recognizes his paternity of the child.
Effective 07/01/94, genetic test results indicate a probability of 97% or greater
that the man is the father of the child.
Effective 07/01/94, the man has a duty to support the child under an order of support
regardless of whether the man has ever been married to the child's mother.
A presumption under this section may be rebutted in an appropriate court action only
by clear and convincing evidence, e.g., a court decree establishing paternity of the
child by another man. Effective 11/29/89, if the presumed father was the mother's
husband at the time of the child's birth, and it is alleged that another man is the
biological father of the child, the court order must show that the court found that
a determination of the child's paternity and/or consideration of blood or genetic
test results was in the child's best interests (required by In re Matter
of Ross, 783 P.2d 331 (Kan. 1989, as modified 1990)). If the court order does not show this, or if it is not clear, submit the case to
the Office of the General Counsel (OGC) per GN 01010.815.
If the presumed father was not the mother's husband at the time of the child's birth, a court order rebutting the
presumption of paternity does not need to reflect a "best interests of the child"
finding. Moreover, in these cases, for claims filed on or after 11/27/98, or pending
on that date, a court order is not necessary to rebut the presumption of paternity;
SSA may make the determination rebutting the presumption, using a "clear and convincing
evidence" standard of proof. If two or more presumptions arise which conflict with
each other, the presumption which on the facts is founded on the weightier considerations
of policy and logic controls.