§ 15-8-3 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 beenmarried to each other and the child is born during the marriage, or withinthree hundred (300) days after the marriage is terminated by death, annulment,declaration of invalidity, or divorce, or after a decree of separation isentered by a court;
(2) Before the child's birth, he and the child's naturalmother have attempted to marry each other by a marriage solemnized in apparentcompliance with law, although the attempted marriage is or could be declaredinvalid, and:
(i) If the attempted marriage could be declared invalid onlyby a court, the child is born during the attempted marriage, or within threehundred (300) days after its termination by death, annulment, declaration ofinvalidity, or divorce; or
(ii) If the attempted marriage is invalid without a courtorder, the child is born within three hundred (300) days after the terminationof cohabitation;
(3) After the child's birth, he and the child's naturalmother have married, or attempted to marry, each other by a marriage solemnizedin apparent compliance with law, although the attempted marriage could bedeclared invalid, and:
(i) He has acknowledged his paternity of the child in writingfiled with the clerk of the family court;
(ii) With his consent, he is named as the child's father onthe child's birth certificate; or
(iii) He is obligated to support the child under a writtenvoluntary promise or by court order;
(4) He acknowledges his paternity of the child in a writingfiled with the clerk of the family court, who shall promptly inform the motherof the filing of the acknowledgement, and she does not dispute theacknowledgement, within a reasonable time after being informed, in a writingfiled with the clerk of the family court. If another man is presumed under thissection to be the child's father, acknowledgement may be effected only with thewritten consent of the presumed father or after the presumption has beenrebutted. The written acknowledgement of paternity shall be admissible asevidence of paternity;
(5) He has submitted to blood testing and the resultsestablish a conclusive presumption in accordance with § 15-8-11(e); or
(6) A sworn acknowledgment of paternity of a child born outof wedlock is signed by both parents on forms prescribed in accordance with§ 23-3-9, either at the department of human services or division oftaxation within the department of administration, and is forwarded to the stateregistrar of vital records for the purpose of amending the birth certificate.Before signing the sworn acknowledgment of paternity, the parents shall begiven written notice of their respective rights and responsibilities. The swornacknowledgment of paternity becomes a conclusive presumption if there is nocourt challenge to this acknowledgement within sixty (60) days of the signingof this acknowledgment. The only defenses which may be raised to the signing ofthis acknowledgment after the sixty (60) day period are fraud, duress ormistake of fact.
(b) Except for a conclusive presumption under subdivisions(a)(5) and (a)(6) of this section, a presumption under this section may berebutted in an appropriate action only by clear and convincing evidence. If two(2) or more presumptions arise which conflict with each other, the presumption,which on its facts, is founded on the weightier considerations of policy andlogic controls. The presumption is rebutted by a court decree establishingpaternity of the child by another man.
§ 15-8-3 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 beenmarried to each other and the child is born during the marriage, or withinthree hundred (300) days after the marriage is terminated by death, annulment,declaration of invalidity, or divorce, or after a decree of separation isentered by a court;
(2) Before the child's birth, he and the child's naturalmother have attempted to marry each other by a marriage solemnized in apparentcompliance with law, although the attempted marriage is or could be declaredinvalid, and:
(i) If the attempted marriage could be declared invalid onlyby a court, the child is born during the attempted marriage, or within threehundred (300) days after its termination by death, annulment, declaration ofinvalidity, or divorce; or
(ii) If the attempted marriage is invalid without a courtorder, the child is born within three hundred (300) days after the terminationof cohabitation;
(3) After the child's birth, he and the child's naturalmother have married, or attempted to marry, each other by a marriage solemnizedin apparent compliance with law, although the attempted marriage could bedeclared invalid, and:
(i) He has acknowledged his paternity of the child in writingfiled with the clerk of the family court;
(ii) With his consent, he is named as the child's father onthe child's birth certificate; or
(iii) He is obligated to support the child under a writtenvoluntary promise or by court order;
(4) He acknowledges his paternity of the child in a writingfiled with the clerk of the family court, who shall promptly inform the motherof the filing of the acknowledgement, and she does not dispute theacknowledgement, within a reasonable time after being informed, in a writingfiled with the clerk of the family court. If another man is presumed under thissection to be the child's father, acknowledgement may be effected only with thewritten consent of the presumed father or after the presumption has beenrebutted. The written acknowledgement of paternity shall be admissible asevidence of paternity;
(5) He has submitted to blood testing and the resultsestablish a conclusive presumption in accordance with § 15-8-11(e); or
(6) A sworn acknowledgment of paternity of a child born outof wedlock is signed by both parents on forms prescribed in accordance with§ 23-3-9, either at the department of human services or division oftaxation within the department of administration, and is forwarded to the stateregistrar of vital records for the purpose of amending the birth certificate.Before signing the sworn acknowledgment of paternity, the parents shall begiven written notice of their respective rights and responsibilities. The swornacknowledgment of paternity becomes a conclusive presumption if there is nocourt challenge to this acknowledgement within sixty (60) days of the signingof this acknowledgment. The only defenses which may be raised to the signing ofthis acknowledgment after the sixty (60) day period are fraud, duress ormistake of fact.
(b) Except for a conclusive presumption under subdivisions(a)(5) and (a)(6) of this section, a presumption under this section may berebutted in an appropriate action only by clear and convincing evidence. If two(2) or more presumptions arise which conflict with each other, the presumption,which on its facts, is founded on the weightier considerations of policy andlogic controls. The presumption is rebutted by a court decree establishingpaternity of the child by another man.
§ 15-8-3 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 beenmarried to each other and the child is born during the marriage, or withinthree hundred (300) days after the marriage is terminated by death, annulment,declaration of invalidity, or divorce, or after a decree of separation isentered by a court;
(2) Before the child's birth, he and the child's naturalmother have attempted to marry each other by a marriage solemnized in apparentcompliance with law, although the attempted marriage is or could be declaredinvalid, and:
(i) If the attempted marriage could be declared invalid onlyby a court, the child is born during the attempted marriage, or within threehundred (300) days after its termination by death, annulment, declaration ofinvalidity, or divorce; or
(ii) If the attempted marriage is invalid without a courtorder, the child is born within three hundred (300) days after the terminationof cohabitation;
(3) After the child's birth, he and the child's naturalmother have married, or attempted to marry, each other by a marriage solemnizedin apparent compliance with law, although the attempted marriage could bedeclared invalid, and:
(i) He has acknowledged his paternity of the child in writingfiled with the clerk of the family court;
(ii) With his consent, he is named as the child's father onthe child's birth certificate; or
(iii) He is obligated to support the child under a writtenvoluntary promise or by court order;
(4) He acknowledges his paternity of the child in a writingfiled with the clerk of the family court, who shall promptly inform the motherof the filing of the acknowledgement, and she does not dispute theacknowledgement, within a reasonable time after being informed, in a writingfiled with the clerk of the family court. If another man is presumed under thissection to be the child's father, acknowledgement may be effected only with thewritten consent of the presumed father or after the presumption has beenrebutted. The written acknowledgement of paternity shall be admissible asevidence of paternity;
(5) He has submitted to blood testing and the resultsestablish a conclusive presumption in accordance with § 15-8-11(e); or
(6) A sworn acknowledgment of paternity of a child born outof wedlock is signed by both parents on forms prescribed in accordance with§ 23-3-9, either at the department of human services or division oftaxation within the department of administration, and is forwarded to the stateregistrar of vital records for the purpose of amending the birth certificate.Before signing the sworn acknowledgment of paternity, the parents shall begiven written notice of their respective rights and responsibilities. The swornacknowledgment of paternity becomes a conclusive presumption if there is nocourt challenge to this acknowledgement within sixty (60) days of the signingof this acknowledgment. The only defenses which may be raised to the signing ofthis acknowledgment after the sixty (60) day period are fraud, duress ormistake of fact.
(b) Except for a conclusive presumption under subdivisions(a)(5) and (a)(6) of this section, a presumption under this section may berebutted in an appropriate action only by clear and convincing evidence. If two(2) or more presumptions arise which conflict with each other, the presumption,which on its facts, is founded on the weightier considerations of policy andlogic controls. The presumption is rebutted by a court decree establishingpaternity of the child by another man.
