Ky. Rev. Stat. » Chapter 406
Kentucky Revised Statutes

Ky. Rev. Stat. § 406.011 (2026)

Obligations of father -- Presumption of paternity

✓ current as of May 2026
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The father of a child which is or may be born out of wedlock is liable to the same extent as the father of a child born in wedlock, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement and for the education, necessary support and funeral expenses of the child. A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife. However, a child born out of wedlock includes a child born to a married woman by a man other than her husband where evidence shows that the marital relationship between the husband and wife ceased ten (10) months prior to the birth of the child. History: Amended 1972 Ky. Acts ch. 159, sec. 1. -- Created 1964 Ky. Acts ch. 37, sec. 1.

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1974–2022 · leading case: J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
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J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008). · cites it 51× “]" And KRS 406.011 defines who is included and who is not included in the term "born out of wedlock:" A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife.”
J.A.S. v. Bushelman, 342 S.W.3d 850 (Ky. 2011). · cites it 34× “is not a “child born out of wedlock” as defined in KRS 406.011. The Court of Appeals declined to grant Appellant’s petition.”
Bartlett v. Commonwealth Ex Rel. Calloway, 705 S.W.2d 470 (Ky. 1986). · cites it 8× “This "presumption of paternity" is codified in KRS 406.011, which states in pertinent part: "A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife.”
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). · cites it 2× “”); Ky. Rev. Stat. Ann. § 406.011 (West 2012) (“A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife.”
Butcher v. Commonwealth, 96 S.W.3d 3 (Ky. 2002). · cites it 2× “KRS 406.011; KRS 406.111. In most such cases, the alleged father admits having had sexual intercourse with the child's mother but denies that the act resulted in conception.”
Denzik v. Denzik, 197 S.W.3d 108 (Ky. 2006). · cites it 2× “[5] Additionally, he stated that, "while KRS 406.011 may allow an action for paternity for a child conceived during wedlock but outside of marital relations [,] strong public policy concerns over the collateral bastardization of innocent children will not permit me to endorse…”
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007). · cites it 2× “” KRS 406.011. Though the presumption is rebuttable, it can be overcome only in a paternity action brought in district court pursuant to Kentucky’s Uniform Act on Paternity (UAP), KRS 406.”
Drake v. Drake, 721 S.W.2d 728 (Ky. Ct. App. 1986). · cites it 2× “The impropriety of the parties with the trial court’s assistance illegitima-tizing a child born during the marriage by means of the agreed order to that effect entered in this case is unquestionable.”
J.K. v. N.J.A., 397 S.W.3d 916 (Ky. Ct. App. 2013). · cites it 4× “KRS 406.011 specifies in relevant part that a: child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife.”
Hyatt v. Hill, 714 P.2d 299 (Utah 1986). · cites it 2× “The Uniform Act on Paternity has been adopted by only four other states: Kentucky, Ky.Rev.Stat. §§ 406.011 to .180 (1984); Maine, Me.”
Moore v. Com., Cabinet for Human Res., 954 S.W.2d 317 (Ky. 1997). “111 denies the right to a trial by jury guaranteed by the Kentucky Constitution and is, therefore, unconstitutional; (2) whether the presumption of paternity created by KRS 406.011 is applicable to this case; (3) whether the Warren District Court failed to give full faith and…”
Smothers v. Baptist Hosp. East, 468 S.W.3d 878 (Ky. Ct. App. 2015). “020, instead relying upon the common law and KRS 406.011, which states the father of a child born out of wedlock is liable to the same extent as the father to a child born in wedlock.”
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