Presumption of paternity

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Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage.


Generally associated with marriage, [1] a presumption of paternity can also be made by court order, contact over time with a child or simple cohabitation with the mother. [2]

When there is no presumption of paternity then a process such as recognition can be used to establish paternity.

See also[edit]


  1. ^ "The Presumption of Legitimacy". 
  2. ^ Australia, Commonwealth of (1975). "Family Law Act 1975 - SECT 69Q". Australasian Legal Information Institute.