C.__Before the birth of the child, the person 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 300 days after its termination by death, annulment, divorce or declaration of invalidity or after a decree of separation;

D.__After the birth of the child, the person 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 the person voluntarily asserted parentage of the child and:

(1)__The assertion is in a record filed with the State Registrar of Vital Statistics;

(2)__The person agreed to be and is named as the child's parent on the child's birth certificate; or

(3)__The person promised in a record to support the child as that person's own; or

E.__For the first 2 years of the child's life, the person resided in the same household with the child and openly held out the child as that person's own.

2.__Rebuttal of presumption.__A presumption of parentage established under this section may be rebutted only by an adjudication under subchapter 6.

Comment

(This is section 204 of the UPA.)

Source: UPA (1973) § 4.

A network of presumptions was established by UPA (1973) for application to cases in which proof of external circumstances indicate a particular man to be the probable father. The simplest of these is also the best known--birth of a child during the marriage between the mother and a man. When promulgated in 1973 the contemporaneous commentary noted that:

While perhaps no one state now includes all these presumptions in its law, the presumptions are based on existing presumptions of 'legitimacy' in state laws and do not represent a serious departure. Novel is that they have been collected under one roof.