§ 5-1027. Trial to be held after birth of child - Burden of proof; presumptions; testimony.
(a) Burden of proof.- At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child.
(b) Competency to testify.- Both the mother and the alleged father are competent to testify at the trial.
(c) Presumption.-
(1) There is a rebuttable presumption that the child is the legitimate child of the man to whom its mother was married at the time of conception.
(2) The presumption set forth in this subsection may be rebutted by the testimony of a person other than the mother or her husband.
(3) If the court determines that the presumption set forth in this subsection has been rebutted by testimony of a person other than the mother or her husband, it is not necessary to establish nonaccess of the husband to rebut the presumption set forth in this subsection.
(4) If the court determines that the presumption set forth in this subsection has been rebutted by testimony of a person other than the mother or her husband, both the mother and her husband are competent to testify as to the nonaccess of the husband at the time of conception.
(d) Compelling alleged father to give evidence.- The alleged father may not be compelled to give evidence at the trial.
§ 5-1027. Trial to be held after birth of child - Burden of proof; presumptions; testimony.
(a) Burden of proof.- At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child.
(b) Competency to testify.- Both the mother and the alleged father are competent to testify at the trial.
(c) Presumption.-
(1) There is a rebuttable presumption that the child is the legitimate child of the man to whom its mother was married at the time of conception.
(2) The presumption set forth in this subsection may be rebutted by the testimony of a person other than the mother or her husband.
(3) If the court determines that the presumption set forth in this subsection has been rebutted by testimony of a person other than the mother or her husband, it is not necessary to establish nonaccess of the husband to rebut the presumption set forth in this subsection.
(4) If the court determines that the presumption set forth in this subsection has been rebutted by testimony of a person other than the mother or her husband, both the mother and her husband are competent to testify as to the nonaccess of the husband at the time of conception.
(d) Compelling alleged father to give evidence.- The alleged father may not be compelled to give evidence at the trial.
§ 5-1027. Trial to be held after birth of child - Burden of proof; presumptions; testimony.
(a) Burden of proof.- At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child.
(b) Competency to testify.- Both the mother and the alleged father are competent to testify at the trial.
(c) Presumption.-
(1) There is a rebuttable presumption that the child is the legitimate child of the man to whom its mother was married at the time of conception.
(2) The presumption set forth in this subsection may be rebutted by the testimony of a person other than the mother or her husband.
(3) If the court determines that the presumption set forth in this subsection has been rebutted by testimony of a person other than the mother or her husband, it is not necessary to establish nonaccess of the husband to rebut the presumption set forth in this subsection.
(4) If the court determines that the presumption set forth in this subsection has been rebutted by testimony of a person other than the mother or her husband, both the mother and her husband are competent to testify as to the nonaccess of the husband at the time of conception.
(d) Compelling alleged father to give evidence.- The alleged father may not be compelled to give evidence at the trial.
