Presumption of legitimacy

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  • (a) A child born to a mother who is legally married is considered legitimate unless evidence to the contrary is presented. It is presumed that the husband is the father of the child and should be so stated unless the mother gives information to the contrary or unless paternity has been established through court action or through an affidavit of paternity.

  • (b) In a case where the natural parents of a child marry subsequent to the birth of the child, such a child is considered legitimate. In order to correct the record a certified copy of the marriage license and an affidavit of paternity shall be submitted to the Registrar of Vital Statistics by any interested person. Upon receipt the Registrar will prepare a new record covering the birth which will show the correct information regarding the father and mother, provided that if an affidavit of paternity had been filed previously, a new affidavit will not be required.

  • The original certificate together with the certified copy of the marriage license and the affidavit of paternity shall be placed in a sealed file and shall be made available only to the parents, the courts, and to the child when he reaches maturity.


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