State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_822

Presumption of paternity–rebuttal of presumption, standard of proof.

210.822. 1. A man shall be presumed to be the natural father of achild if:

(1) He and the child's natural mother are or have been married toeach other and the child is born during the marriage, or within threehundred days after the marriage is terminated by death, annulment,declaration of invalidity, or dissolution, or after a decree of separationis entered by a court; or

(2) Before the child's birth, he and the child's natural mother haveattempted to marry each other by a marriage solemnized in apparentcompliance with the law, although the attempted marriage is or may bedeclared invalid, and:

(a) If the attempted marriage may be declared invalid only by acourt, the child is born during the attempted marriage or within threehundred days after its termination by death, annulment, declaration ofinvalidity or dissolution; or

(b) If the marriage is invalid without a court order, the child isborn within three hundred days after the termination of cohabitation; or

(3) After the child's birth, he and the child's natural mother havemarried or attempted to marry each other by a marriage solemnized inapparent compliance with law, although the marriage is or may be declaredinvalid, and:

(a) He has acknowledged his paternity of the child in writing filedwith the bureau; or

(b) With his consent, he is named as the child's father on thechild's birth certificate; or

(c) He is obligated to support the child pursuant to a writtenvoluntary promise or by court order; or

(4) An expert concludes that the blood tests show that the allegedparent is not excluded and that the probability of paternity isninety-eight percent or higher, using a prior probability of 0.5.

2. A presumption pursuant to this section may be rebutted in anappropriate action only by clear and convincing evidence, except that apresumption under subsection 1 of this section that arises from a bloodtest or the filing of an acknowledgment of paternity in a state orterritory in which the blood test or the filing creates a conclusivepresumption by law also has conclusive effect in Missouri. If two or morepresumptions arise which conflict with each other, the presumption which onthe facts is founded on the weightier considerations of policy and logiccontrols. The presumption is rebutted by a court decree establishing thepaternity of the child by another man.

(L. 1987 S.B. 328 § 4, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)