1. A man is presumed to be the father of a child if:
a. He and the mother of the child are married to each other and the child is born
during the marriage;
b. He and the mother of the child were married to each other and the child is born
within three hundred days after the marriage is terminated by death, annulment,
declaration of invalidity, divorce, or after a decree of separation;
c. Before the birth of the child, he and the mother of the child married each other in
apparent compliance with law, even if the attempted marriage is or could be
declared invalid, and the child is born during the invalid marriage or within three
hundred days after its termination by death, annulment, declaration of invalidity,
divorce, or after a decree of separation;
d. After the birth of the child, he and the mother of the child married each other in
apparent compliance with law, whether or not the marriage is or could be
declared invalid, and he voluntarily asserted his paternity of the child, and:
(1) The assertion is in a record filed with the department of health and human
services;
(2) He agreed to be and is named as the child's father on the child's birth
certificate; or
(3) He promised in a record to support the child as his own; or
e. For the first two years of the child's life, he resided in the same household with
the child and openly held out the child as his own.
2. A presumption of paternity established under this section may be rebutted only by an
adjudication under sections 14-20-36 through 14-20-58.
\n
14-20-11. (301) Acknowledgment of paternity.
The mother of a child and a man claiming to be the genetic father of the child may sign an
acknowledgment of paternity with intent to establish the man's paternity.
\n
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 2012–2024 · leading case:
D.E. v. K.F., 825 N.W.2d 832 (N.D. 2012).
D.E. v. K.F., 825 N.W.2d 832 (N.D. 2012).
· cites it 10× “The paternity presumption established under N.D.C.C. § 14-20-10 “may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.”
K.B.C. v. K.J.C., 877 N.W.2d 62 (N.D. 2016).
· cites it 2× “[¶ 17] The father argues he did not have an obligation to provide for the child’s care and support “by law or judicial decree” as N.”
Matter of K.J.C., 2016 ND 67 (N.D. 2016).
· cites it 2× “[¶17] The father argues he did not have an obligation to provide for the child’s care and support “by law or judicial decree” as N.”
State v. Wolfgram, 2012 ND 251 (N.D. 2012).
· cites it 8× “The paternity presumption established under N.D.C.C. § 14-20-10 “may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.”
S.E.L. v. J.A.P., 2019 ND 16 (N.D. 2019).
· cites it 6× “” A man is a “presumed father” if any of the conditions under N.D.C.C. § 14-20-10 are met, including when a man is married to the mother of the child and the child is born during the marriage, or when 5 the man resides in the same household as the child for the first two years…”
S.E.L. v. J.A.P., 2019 ND 16 (N.D. 2019).
· cites it 6× “” A man is a “presumed father” if any of the conditions under N.D.C.C. § 14-20-10 are met, including when a man is married to the mother of the child and the child is born during the marriage, or when 5 the man resides in the same household as the child for the first two years…”
S.E.L. v. J.A.P., 921 N.W.2d 640 (N.D. 2019).
· cites it 6× “" A man is a "presumed father" if any of the conditions under N.D.C.C. § 14-20-10 are met, including when a man is married to the mother of the child and the child is born during the marriage, or when the man resides in the same household as the child for the first two years of…”
Est. of Lindberg, 2024 ND 10 (Or. Ct. App. 2024).
“” The court concluded these facts establish a presumption of paternity under N.D.C.C. § 14-20-10(1)(e) (U.P.A. § 204(a)(5)), and Harlan Hanson was Hanson’s genetic father under N.”
— N.D. Cent. Code § 14-20-10(1)(a) — 1 case
State v. Wolfgram, 2012 ND 251 (N.D. 2012).
“The paternity presumption established under N.D.C.C. § 14-20-10 “may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.”
— N.D. Cent. Code § 14-20-10(1)(e) — 1 case
Est. of Lindberg, 2024 ND 10 (Or. Ct. App. 2024).
“” The court concluded these facts establish a presumption of paternity under N.D.C.C. § 14-20-10(1)(e) (U.P.A. § 204(a)(5)), and Harlan Hanson was Hanson’s genetic father under N.”
— N.D. Cent. Code § 14-20-10(2) — 4 cases
D.E. v. K.F., 825 N.W.2d 832 (N.D. 2012).
“The paternity presumption established under N.D.C.C. § 14-20-10 “may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.”
S.E.L. v. J.A.P., 2019 ND 16 (N.D. 2019).
“” A man is a “presumed father” if any of the conditions under N.D.C.C. § 14-20-10 are met, including when a man is married to the mother of the child and the child is born during the marriage, or when 5 the man resides in the same household as the child for the first two years…”
S.E.L. v. J.A.P., 2019 ND 16 (N.D. 2019).
“” A man is a “presumed father” if any of the conditions under N.D.C.C. § 14-20-10 are met, including when a man is married to the mother of the child and the child is born during the marriage, or when 5 the man resides in the same household as the child for the first two years…”
S.E.L. v. J.A.P., 921 N.W.2d 640 (N.D. 2019).
“" A man is a "presumed father" if any of the conditions under N.D.C.C. § 14-20-10 are met, including when a man is married to the mother of the child and the child is born during the marriage, or when the man resides in the same household as the child for the first two years of…”
— N.D. Cent. Code § 14-20-10(l)(a) — 2 cases
D.E. v. K.F., 825 N.W.2d 832 (N.D. 2012).
“The paternity presumption established under N.D.C.C. § 14-20-10 “may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.”
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