Chapter 7. Presumption of Paternity
Presumptions; child's biological father
Sec. 1. A man is presumed to be a child's biological father if:
(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;
(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.
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.6.
Rebuttable presumption; child's biological father
Sec. 2. (a) If there is not a presumed biological father under
section 1 of this chapter, there is a rebuttable presumption that a man
is the child's biological father if, with the consent of the child's
mother, the man:
(1) receives the child into the man's home; and
(2) openly holds the child out as the man's biological child.
(b) The circumstances under this section do not establish the
man's paternity. A man's paternity may only be established as
described in IC 31-14-2-1.
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.7;
Sec. 3. A man is a child's legal father if the man executed a
paternity affidavit in accordance with IC 16-37-2-2.1 and the
paternity affidavit has not been rescinded or set aside under
As added by P.L.138-2001, SEC.8.