25-814. Presumption of paternity
A. A man is presumed to be the father of the child if:
1. He and the mother of the child were married at any time in the ten months
immediately preceding the birth or the child is born within ten months after the marriage
is terminated by death, annulment, declaration of invalidity or dissolution of marriage
or after the court enters a decree of legal separation.
2. Genetic testing affirms at least a ninety-five per cent probability of
paternity.
3. A birth certificate is signed by the mother and father of a child born out of
wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging
paternity or separate substantially similar notarized or witnessed statements are signed
by both parents acknowledging paternity.
B. If another man is presumed to be the child's father under subsection A,
paragraph 1, an acknowledgment of paternity may be effected only with the written consent
of the presumed father or after the presumption is rebutted. If the presumed father has
died or cannot reasonably be located, paternity may be established without written
consent.
C. Any presumption under this section shall be rebutted by clear and convincing
evidence. If two or more presumptions apply, the presumption that the court determines,
on the facts, is based on weightier considerations of policy and logic will control. A
court decree establishing paternity of the child by another man rebuts the presumption.
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