Indiana Code
Ind. Code § 31-14-7-1 (2026)
Presumptions; child's biological father
✓ current as of May 2026
Sec. 1. A man is presumed to be a child's biological father if:
(1) the:
(A) man and the child's biological mother are or have been married to each other; and
(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;
(2) the:
(A) man and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage:
(i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or
(ii) is voidable under IC 31-11-9; and
(B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution; or
(3) the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child's biological father.
[Pre-1997 Recodification Citation: 31-6-6.1-9(a).]
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.6.
Notes of Decisions
Cited in 45
cases (2 in the last 5 years), 1997–2026 · leading case: In re the Matter of: I.J., Child, T.M. v. L.D. & J.D., 39 N.E.3d 1184 (Ind. Ct. App. 2015).
In re the Matter of: I.J., Child, T.M. v. L.D. & J.D., 39 N.E.3d 1184 (Ind. Ct. App. 2015). “com/dictionary/presume (last Court of Appeals of Indiana | Opinion 57A03-1501-AD-28 | July 8, 2015 Page 7 of 11 accessed April 22, 2015).”
Henderson v. Adams, 209 F. Supp. 3d 1059 (S.D. Ind. 2016). “” Indiana Code § 31-14-7-1 establishes a presumption of paternity in a birth mother’s husband.”
In Re the Paternity of E.M.L.G., 863 N.E.2d 867 (Ind. Ct. App. 2007). “For example, prior to 2001, Indiana Code section 31-14-7-1 stated that “a man is presumed to be a child’s biological father if .”
Paternity of H.J.B. Ex Rel. Sutton v. Boes, 829 N.E.2d 157 (Ind. Ct. App. 2005). “argues that he should be permitted to disestablish paternity of *159 the man that the law, as set forth in Indiana Code § 31-14-7-1, presumes to be H.”
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “[2] In dicta our supreme court defined the phrase "putative father" as: a person who "is alleged to be or claims that he may be a child's father," but who is not statutorily presumed to be the child's father by reason of marriage, attempted marriage, genetic testing, or having…”
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997). “]" Ind.Code § 31-14-7-1(1)(A) and (B). Mother and Decedent were married on July 15, 1978.”
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “”); Ind. Code Ann. § 31-14-7-1 (1)(A) (LexisNexis 2012) (“A man is presumed to be a child’s biological father if .”
Jo. W. v. Je. W., 952 N.E.2d 783 (Ind. Ct. App. 2011). “” Ind.Code § 31-14-7-1. In a dissolution proceeding, “silence and this presumption [of paternity pursuant to Ind.”
In Re the Paternity of N.R.R.L., 846 N.E.2d 1094 (Ind. Ct. App. 2006). “" Ind.Code § 31-14-7-1(8). A man's paternity can only be established as described in Indiana Code Section 31-14-2-1.”
In Re the Paternity of S.C., 966 N.E.2d 143 (Ind. Ct. App. 2012). “NOTES [1] See I.C. § 31-14-7-1(3) (West, Westlaw through end of 2011 1st Regular Sess.”
In Re the Est. of Long, 804 N.E.2d 1176 (Ind. Ct. App. 2004). “See Ind.Code § 31-14-7-1. Although direct, clear and convincing evidence can rebut a presumptive father's paternity, the uncle had no standing under the paternity statutes to try to establish or disestablish V.”
Benjamin Sheetz v. Ronnie Sheetz, 63 N.E.3d 1077 (Ind. Ct. App. 2016). “Ind. Code § 31-14-7-1 . This presumption can be rebutted by “direct, clear, and convincing evidence.”
— Ind. Code § 31-14-7-1(1) — 16 cases
In re the Matter of: I.J., Child, T.M. v. L.D. & J.D., 39 N.E.3d 1184 (Ind. Ct. App. 2015). “com/dictionary/presume (last Court of Appeals of Indiana | Opinion 57A03-1501-AD-28 | July 8, 2015 Page 7 of 11 accessed April 22, 2015).”
Jacqueline Myers v. Mark Myers, 13 N.E.3d 478 (Ind. Ct. App. 2014).
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “[2] In dicta our supreme court defined the phrase "putative father" as: a person who "is alleged to be or claims that he may be a child's father," but who is not statutorily presumed to be the child's father by reason of marriage, attempted marriage, genetic testing, or having…”
Minton v. Weaver, 697 N.E.2d 1259 (Ind. Ct. App. 1998).
W.G. v. D.B., 908 N.E.2d 586 (Ind. 2009).
— Ind. Code § 31-14-7-1(1)(A) — 3 cases
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “”); Ind. Code Ann. § 31-14-7-1 (1)(A) (LexisNexis 2012) (“A man is presumed to be a child’s biological father if .”
In Re the Est. of Long, 804 N.E.2d 1176 (Ind. Ct. App. 2004). “See Ind.Code § 31-14-7-1. Although direct, clear and convincing evidence can rebut a presumptive father's paternity, the uncle had no standing under the paternity statutes to try to establish or disestablish V.”
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997). “]" Ind.Code § 31-14-7-1(1)(A) and (B). Mother and Decedent were married on July 15, 1978.”
— Ind. Code § 31-14-7-1(2) — 1 case
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “[2] In dicta our supreme court defined the phrase "putative father" as: a person who "is alleged to be or claims that he may be a child's father," but who is not statutorily presumed to be the child's father by reason of marriage, attempted marriage, genetic testing, or having…”
— Ind. Code § 31-14-7-1(3) — 9 cases
In Re the Paternity of S.C., 966 N.E.2d 143 (Ind. Ct. App. 2012). “NOTES [1] See I.C. § 31-14-7-1(3) (West, Westlaw through end of 2011 1st Regular Sess.”
Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999).
Paternity of Davis v. Trensey, 862 N.E.2d 308 (Ind. Ct. App. 2007).
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “[2] In dicta our supreme court defined the phrase "putative father" as: a person who "is alleged to be or claims that he may be a child's father," but who is not statutorily presumed to be the child's father by reason of marriage, attempted marriage, genetic testing, or having…”
In re the Matter of: I.J., Child, T.M. v. L.D. & J.D., 39 N.E.3d 1184 (Ind. Ct. App. 2015). “com/dictionary/presume (last Court of Appeals of Indiana | Opinion 57A03-1501-AD-28 | July 8, 2015 Page 7 of 11 accessed April 22, 2015).”
— Ind. Code § 31-14-7-1(4) — 1 case
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997). “]" Ind.Code § 31-14-7-1(1)(A) and (B). Mother and Decedent were married on July 15, 1978.”
— Ind. Code § 31-14-7-1(8) — 1 case
In Re the Paternity of N.R.R.L., 846 N.E.2d 1094 (Ind. Ct. App. 2006). “" Ind.Code § 31-14-7-1(8). A man's paternity can only be established as described in Indiana Code Section 31-14-2-1.”
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