Presumption of Paternity

Presumption of Paternity. (a) A man is presumed to be the natural father of a child if: (1) 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 300 days after the mar riage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court; (2) 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 or could be declared invalid, and (A) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity or divorce; or (B) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation; (3) 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 or could be declared invalid, and (A) He has acknowledged his paternity of the child in writing filed with the Commonwealth clerk of court office. (B) With his consent, he is named as the child’s father on the child’s birth certificate, or (C) He is obligated to support the child under a written voluntary promise or by court order; (4) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; or (5) He acknowledges his paternity of the child in a writing filed with the Commonwealth clerk of court office, which shall promptly inform the mother of the child of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the Commonwealth clerk of court office. If another man is presumed under this section to be the child’s father, acknowledgment may be effected only with a written consent of the presumed father or after the presumption has been rebutted. (b) A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier consideration of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man. Source: PL 4-38, § 4.