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Nevada Revised Statutes

Nev. Rev. Stat. § 126.051 (2026)

Presumptions of paternity

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NRS 126.051  Presumptions of paternity.

      1.  A man is presumed to be the natural father of a child if:

      (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.

      (b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.

      (c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or

             (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.

      (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.

      2.  A conclusive presumption that a man is the natural father of a child is established if tests for the typing of blood or tests for genetic identification made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father except that the presumption may be rebutted if he establishes that he has an identical sibling who may be the father.

      3.  A presumption under subsection 1 may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

      (Added to NRS by 1979, 1270; A 1983, 1868; 1995, 732, 2416; 1997, 2304; 2007, 1523)

     

Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 1991–2026 · leading case: Love v. Love, 959 P.2d 523 (Nev. 1998).
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Love v. Love, 959 P.2d 523 (Nev. 1998). · cites it 14× “The Nevada legislature addresses paternity in NRS 126.051, which sets forth rebuttable presumptions of paternity.”
St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). · cites it 6× “Paternity may be established in a variety of ways, including through presumptions based on marriage and cohabitation, NRS 126.051(1)(a)-(c), presumptions based on receiving the child into the home and openly holding oneself out as a parent, NRS 126.”
Heather Martin Gartner v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 2× “”); Nev. Rev. Stat. § 126.051 (1)(a) (2011) (“A man is presumed to be the natural father of a child if .”
Russo v. Gardner, 956 P.2d 98 (Nev. 1998). · cites it 3× “NRS 126.051 provides, in relevant part: 1.”
Rosie M. v. Ignacio A., 512 P.3d 758 (Nev. 2022). · cites it 30× “Paternity is presumed either rebuttablÿ or conclusively when a man meets certain conditions under NRS 126.051. First, under subsection 1, "[a] man is- [rebuttably] presumed to be the natural father of a child if' he and the child's natural mother were married or attempted to get…”
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). · cites it 58× “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
Hermanson v. Hermanson, 887 P.2d 1241 (Nev. 1994). · cites it 2× “Nevada’s paternity statute, NRS 126.051, states, in pertinent part: 1.”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022). · cites it 13× “In a’ paternity dispute; NRS 126.051 controls. Russo v. Gardner, 114 Nev.”
Nguyen Vs. Boynes (child Custody), 2017 NV 32 (Nev. 2017). · cites it 12× “3 Ken also argues that the district court erred by granting Rob paternity pursuant to NRS 126.051 or ordering third-party visitation rights in the alternative.”
Chambers ex rel. Cochran v. Sanderson, 822 P.2d 657 (Nev. 1991). “Because Sanderson failed to present any evidence in response to appellant’s motion, the district court correctly granted partial summary judgment. Sanderson contends that because Chambers failed to comply with his wish to abort the child or give it up for adoption, Chambers…”
Nguyen Vs. Boynes (child Custody), 2017 NV 32 (Nev. 2017). · cites it 6× “3 Ken also argues that the district court erred by granting Rob paternity pursuant to NRS 126.051 or ordering third-party visitation rights in the alternative.”
Franceschi v. Pernia (Child Custody), No. 63655 (Nev. Oct. 22, 2015). · cites it 10× “SUPREME COURT OF NEVADA 10/ 1947A at the child's birth, but a genetic test later establishes that a second man is the child's biological father? A genetic test establishing that one man is a child's biological father is sufficient evidence to invalidate a second man's VAP Under…”
Show all 17 citing cases →
Nev. Rev. Stat. § 126.051(1): 7 cases
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
Rosie M. v. Ignacio A., 512 P.3d 758 (Nev. 2022). “Paternity is presumed either rebuttablÿ or conclusively when a man meets certain conditions under NRS 126.051. First, under subsection 1, "[a] man is- [rebuttably] presumed to be the natural father of a child if' he and the child's natural mother were married or attempted to get…”
Nguyen Vs. Boynes (child Custody), 2017 NV 32 (Nev. 2017). “3 Ken also argues that the district court erred by granting Rob paternity pursuant to NRS 126.051 or ordering third-party visitation rights in the alternative.”
In re Est. of Robert C. Murray, 2015 NV 8 (Nev. 2015).
Nguyen Vs. Boynes (child Custody), 2017 NV 32 (Nev. 2017). “3 Ken also argues that the district court erred by granting Rob paternity pursuant to NRS 126.051 or ordering third-party visitation rights in the alternative.”
Nev. Rev. Stat. § 126.051(1)(a): 3 cases
St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). “Paternity may be established in a variety of ways, including through presumptions based on marriage and cohabitation, NRS 126.051(1)(a)-(c), presumptions based on receiving the child into the home and openly holding oneself out as a parent, NRS 126.”
Polutnik Vs. Dist. Ct. (State, Dep'T Of Fam. Servs.), No. 82363 (Nev. Sept. 17, 2021).
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
Nev. Rev. Stat. § 126.051(1)(b): 1 case
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
Nev. Rev. Stat. § 126.051(1)(d): 8 cases
St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). “Paternity may be established in a variety of ways, including through presumptions based on marriage and cohabitation, NRS 126.051(1)(a)-(c), presumptions based on receiving the child into the home and openly holding oneself out as a parent, NRS 126.”
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
In re Est. of Robert C. Murray, 2015 NV 8 (Nev. 2015).
Nguyen Vs. Boynes (child Custody), 2017 NV 32 (Nev. 2017). “3 Ken also argues that the district court erred by granting Rob paternity pursuant to NRS 126.051 or ordering third-party visitation rights in the alternative.”
Polutnik Vs. Dist. Ct. (State, Dep'T Of Fam. Servs.), No. 82363 (Nev. Sept. 17, 2021).
Nev. Rev. Stat. § 126.051(2): 6 cases
St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). “Paternity may be established in a variety of ways, including through presumptions based on marriage and cohabitation, NRS 126.051(1)(a)-(c), presumptions based on receiving the child into the home and openly holding oneself out as a parent, NRS 126.”
Rosie M. v. Ignacio A., 512 P.3d 758 (Nev. 2022). “Paternity is presumed either rebuttablÿ or conclusively when a man meets certain conditions under NRS 126.051. First, under subsection 1, "[a] man is- [rebuttably] presumed to be the natural father of a child if' he and the child's natural mother were married or attempted to get…”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022). “In a’ paternity dispute; NRS 126.051 controls. Russo v. Gardner, 114 Nev.”
Franceschi v. Pernia (Child Custody), No. 63655 (Nev. Oct. 22, 2015). “SUPREME COURT OF NEVADA 10/ 1947A at the child's birth, but a genetic test later establishes that a second man is the child's biological father? A genetic test establishing that one man is a child's biological father is sufficient evidence to invalidate a second man's VAP Under…”
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
Nev. Rev. Stat. § 126.051(3): 6 cases
Love v. Love, 959 P.2d 523 (Nev. 1998). “The Nevada legislature addresses paternity in NRS 126.051, which sets forth rebuttable presumptions of paternity.”
St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). “Paternity may be established in a variety of ways, including through presumptions based on marriage and cohabitation, NRS 126.051(1)(a)-(c), presumptions based on receiving the child into the home and openly holding oneself out as a parent, NRS 126.”
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “Lorenzo further contends that, under NRS 126.051, Nevada’s paternity statutes must apply equally to maternity actions —providing her 5Specifically, the district court ruled that Lorenzo did not plead a claim for equitable adoption and Lorenzo only argues that Gendebien agreed to…”
Rosie M. v. Ignacio A., 512 P.3d 758 (Nev. 2022). “Paternity is presumed either rebuttablÿ or conclusively when a man meets certain conditions under NRS 126.051. First, under subsection 1, "[a] man is- [rebuttably] presumed to be the natural father of a child if' he and the child's natural mother were married or attempted to get…”
In re Est. of Robert C. Murray, 2015 NV 8 (Nev. 2015).
Nev. Rev. Stat. § 126.051(8): 1 case
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022). “In a’ paternity dispute; NRS 126.051 controls. Russo v. Gardner, 114 Nev.”
Nev. Rev. Stat. § 126.051(l)(a): 1 case
Heather Martin Gartner v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “”); Nev. Rev. Stat. § 126.051 (1)(a) (2011) (“A man is presumed to be the natural father of a child if .”
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