23-2208.
Presumption of paternity.
(a) A man is presumed to be the father of a child if:
(1) The man and the child's mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death or by the filing of a journal entry of a decree of annulment or divorce.
(2) Before the child's birth, the man and the child's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:
(A) If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination by death or by the filing of a journal entry of a decree of annulment or divorce; or
(B) if the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.
(3) After the child's birth, the man and the child's mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:
(A) The man has acknowledged paternity of the child in writing;
(B) with the man's consent, the man is named as the child's father on the child's birth certificate; or
(C) the man is obligated to support the child under a written voluntary promise or by a court order.
(4) The man notoriously or in writing recognizes paternity of the child, including but not limited to a voluntary acknowledgment made in accordance with K.S.A. 23-2223 or K.S.A. 65-2409a, and amendments thereto.
(5) Genetic test results indicate a probability of 97% or greater that the man is the father of the child.
(6) The man has a duty to support the child under an order of support regardless of whether the man has ever been married to the child's mother.
(b) A presumption under this section may be rebutted only by clear and convincing evidence, by a court decree establishing paternity of the child by another man or as provided in subsection (c). If a presumption is rebutted, the party alleging the existence of a father and child relationship shall have the burden of going forward with the evidence.
(c) If two or more presumptions under this section arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic, including the best interests of the child, shall control.
(d) Full faith and credit shall be given to a determination of paternity made by any other state or jurisdiction, whether the determination is established by judicial or administrative process or by voluntary acknowledgment. As used in this section, "full faith and credit" means that the determination of paternity shall have the same conclusive effect and obligatory force in this state as it has in the state or jurisdiction where made.
(e) If a presumption arises under this section, the presumption shall be sufficient basis for entry of an order requiring the man to support the child without further paternity proceedings.
(f) The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor's wife is treated in law as if he were not the birth father of a child thereby conceived, unless agreed to in writing by the donor and the woman.
History:
L. 1985, ch. 114, § 5; L. 1994, ch. 292, § 5; July 1.
Notes of Decisions
In re Adoption of T.M.M.H. – Per Curiam, 416 P.3d 999 (Kan. 2018).
· cites it 16× “23-2220, which makes the presumptions equally applicable insofar as practicable to the establishment of motherhood) set forth in K.S.A. 2016 Supp. 23-2208. These presumptions include "acknowledg[ment] of paternity" and genetic testing that indicates a "probability of 97% or…”
In re M.F., 475 P.3d 642 (Kan. 2020).
· cites it 36× “) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
In re W.L., 475 P.3d 338 (Kan. 2020).
· cites it 33× “2d at 969 (citing K.S.A. 2018 Supp. 23-2208[b]; Kline v. Holmes, No.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
· cites it 19× “Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014).
· cites it 15× “See K.S.A. 2013 Supp. 23-2208(b). But the presumption of legitimacy is not the only statutory presumption in Kansas.”
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022).
· cites it 18× “The Act provides that any person on behalf of a child may bring an action at any time to determine the existence of a parent and child relationship presumed under K.S.A. 2021 Supp. 23-2208. K.S.A. 2021 Supp.”
State v. Macomber, 441 P.3d 479 (Kan. 2019).
· cites it 2× “K.S.A. 2018 Supp. 23-2208(b) (providing presumption of paternity may be rebutted only by clear and convincing evidence).”
In re W.L., 441 P.3d 495 (Kan. Ct. App. 2019).
· cites it 7× “For that reason, K.S.A. 2018 Supp. 23-2208(a) lists a variety of ways in which a man may be presumed to be the father of a child.”
In re Parentage of A.K., 518 P.3d 815 (Kan. Ct. App. 2022).
· cites it 30× “23-2208 to allow anyone—even one with no relationship of any kind with the birth mother—to unilaterally pursue parenthood under this presumption has the potential to lead to unconstitutional as well as absurd results.”
In re L.L., 508 P.3d 1278 (Kan. 2022).
· cites it 2× “This action, as contemplated by K.S.A. 2020 Supp. 23-2209, is simply the child's cause of action to determine the existence of a father and child relationship presumed under K.”
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024).
· cites it 6× “at 323 ("We rule that such a partner can be recognized as a legal parent through use of K.S.A. 2019 Supp. 23-2208[a][4] when the birth mother has consented to shared parenting at the time of the child's birth.”
— K.S.A. § 23-2208(4) — 1 case
— K.S.A. § 23-2208(a) — 11 cases
In re M.F., 475 P.3d 642 (Kan. 2020).
“) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022).
“The Act provides that any person on behalf of a child may bring an action at any time to determine the existence of a parent and child relationship presumed under K.S.A. 2021 Supp. 23-2208. K.S.A. 2021 Supp.”
In re W.L., 475 P.3d 338 (Kan. 2020).
“2d at 969 (citing K.S.A. 2018 Supp. 23-2208[b]; Kline v. Holmes, No.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
“Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014).
“See K.S.A. 2013 Supp. 23-2208(b). But the presumption of legitimacy is not the only statutory presumption in Kansas.”
— K.S.A. § 23-2208(a)(1) — 7 cases
In re M.F., 475 P.3d 642 (Kan. 2020).
“) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014).
“See K.S.A. 2013 Supp. 23-2208(b). But the presumption of legitimacy is not the only statutory presumption in Kansas.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
“Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
— K.S.A. § 23-2208(a)(3) — 2 cases
In re Adoption of T.M.M.H. – Per Curiam, 416 P.3d 999 (Kan. 2018).
“23-2220, which makes the presumptions equally applicable insofar as practicable to the establishment of motherhood) set forth in K.S.A. 2016 Supp. 23-2208. These presumptions include "acknowledg[ment] of paternity" and genetic testing that indicates a "probability of 97% or…”
In re Parentage of A.K., 518 P.3d 815 (Kan. Ct. App. 2022).
“23-2208 to allow anyone—even one with no relationship of any kind with the birth mother—to unilaterally pursue parenthood under this presumption has the potential to lead to unconstitutional as well as absurd results.”
— K.S.A. § 23-2208(a)(3)(A) — 1 case
— K.S.A. § 23-2208(a)(3)(B) — 1 case
In re Parentage of A.K., 518 P.3d 815 (Kan. Ct. App. 2022).
“23-2208 to allow anyone—even one with no relationship of any kind with the birth mother—to unilaterally pursue parenthood under this presumption has the potential to lead to unconstitutional as well as absurd results.”
— K.S.A. § 23-2208(a)(4) — 15 cases
In re M.F., 475 P.3d 642 (Kan. 2020).
“) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
In re W.L., 475 P.3d 338 (Kan. 2020).
“2d at 969 (citing K.S.A. 2018 Supp. 23-2208[b]; Kline v. Holmes, No.”
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022).
“The Act provides that any person on behalf of a child may bring an action at any time to determine the existence of a parent and child relationship presumed under K.S.A. 2021 Supp. 23-2208. K.S.A. 2021 Supp.”
Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014).
“See K.S.A. 2013 Supp. 23-2208(b). But the presumption of legitimacy is not the only statutory presumption in Kansas.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
“Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
— K.S.A. § 23-2208(a)(5) — 6 cases
Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014).
“See K.S.A. 2013 Supp. 23-2208(b). But the presumption of legitimacy is not the only statutory presumption in Kansas.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
“Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
— K.S.A. § 23-2208(a)(l) — 1 case
— K.S.A. § 23-2208(b) — 17 cases
In re M.F., 475 P.3d 642 (Kan. 2020).
“) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
In re Adoption of T.M.M.H. – Per Curiam, 416 P.3d 999 (Kan. 2018).
“23-2220, which makes the presumptions equally applicable insofar as practicable to the establishment of motherhood) set forth in K.S.A. 2016 Supp. 23-2208. These presumptions include "acknowledg[ment] of paternity" and genetic testing that indicates a "probability of 97% or…”
State v. Macomber, 441 P.3d 479 (Kan. 2019).
“K.S.A. 2018 Supp. 23-2208(b) (providing presumption of paternity may be rebutted only by clear and convincing evidence).”
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022).
“The Act provides that any person on behalf of a child may bring an action at any time to determine the existence of a parent and child relationship presumed under K.S.A. 2021 Supp. 23-2208. K.S.A. 2021 Supp.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
“Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
— K.S.A. § 23-2208(c) — 12 cases
In re Adoption of T.M.M.H. – Per Curiam, 416 P.3d 999 (Kan. 2018).
“23-2220, which makes the presumptions equally applicable insofar as practicable to the establishment of motherhood) set forth in K.S.A. 2016 Supp. 23-2208. These presumptions include "acknowledg[ment] of paternity" and genetic testing that indicates a "probability of 97% or…”
In re M.F., 475 P.3d 642 (Kan. 2020).
“) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
In re Parentage of R.R., 538 P.3d 838 (Kan. 2023).
“Recognizing the competing presumptions of paternity under K.S.A. 2022 Supp. 23-2208(a), the district court applied the factors used to consider the best interests of the child in paternity cases set forth in Greer.”
Greer ex rel. Farbo v. Greer, 324 P.3d 310 (Kan. Ct. App. 2014).
“See K.S.A. 2013 Supp. 23-2208(b). But the presumption of legitimacy is not the only statutory presumption in Kansas.”
In re W.L., 475 P.3d 338 (Kan. 2020).
“2d at 969 (citing K.S.A. 2018 Supp. 23-2208[b]; Kline v. Holmes, No.”
— K.S.A. § 23-2208(f) — 2 cases
In re M.F., 475 P.3d 642 (Kan. 2020).
“) K.S.A. 2019 Supp. 23-2207(a). That said, the sections of the KPA used to establish a parent-child relationship "under this act" were originally phrased only in terms of paternity.”
In re W.L., 475 P.3d 338 (Kan. 2020).
“2d at 969 (citing K.S.A. 2018 Supp. 23-2208[b]; Kline v. Holmes, No.”
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