Idaho Code
Idaho Code § 7-1119 (2026)
Presumption of legitimacy — When rebutted.
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Presumption of legitimacy — When rebutted.
The presumption of legitimacy of a child born during wedlock is overcome by:
(1) Genetic tests which show that the husband is not the father of the child; or
(2) An affidavit of nonpaternity signed by the natural mother and her husband and an affidavit of paternity signed by the natural mother and natural father.
Notes of Decisions
Cited in 9
cases, 1970–2008 · leading case: Waller v. State, Dep't of Health & Welfare, 192 P.3d 1058 (Idaho 2008).
Waller v. State, Dep't of Health & Welfare, 192 P.3d 1058 (Idaho 2008). “8(d), Waller "admitted each and every allegation set forth in the complaint, including the allegation that he was parent of the child, because he failed to file an answer, appear at the hearing, or otherwise raise any defenses to rebut the presumption of his paternity pursuant…”
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “, the presumption of legitimacy provided in Idaho Code § 7-1119 ; or by statutory assignment of "prima facie" weight to certain types of evidence, e.”
Johnson v. Studley-Preston, 812 P.2d 1216 (Idaho 1991). “I.C. § 7-1119 provides the means for rebutting the presumption of legitimacy.”
Smith Ex Rel. Smith v. Angell, 830 P.2d 1163 (Idaho 1992). “§ 5-211 and I.C. § 7-1119. Today our concern is with presumptions as they had heretofore existed, and as with Justice Boyle, my concern is the majority's unexplained goal of striking down the presumptions which were born primarily of case law precedent set by able justices who…”
Idaho Cnty. Nursing Home v. Idaho Dep't of Health & Welfare, 821 P.2d 988 (Idaho 1991). “” The committee comment to Rule 301 states: Where the statute creating the presumption expressly provides the force that the presumption shall carry, e.”
Alber v. Alber, 472 P.2d 321 (Idaho 1970). “That portion of the legislative enactment, now codified as I.C. § 7-1119, states only: “The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts [previously referred to as-experts on the matter of blood…”
Luedtke v. Koopsma, 303 N.W.2d 112 (S.D. 1981). “Idaho Code 7-1119 provides: The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, show that the husband is not the father of the child.”
Miller v. Miller, 523 P.2d 827 (Idaho 1974). “See also: I.C. § 7-1119; Alber v. Alber, 93 Idaho 755 , 472 P.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “, the presumption of legitimacy provided in Idaho Code § 7-1119 ; or by statutory assignment of “prima facie” weight to certain types of evidence, e.”
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