Presumption Of Paternity

By Amy E. Feldman

PHILADELPHIA (CBS) – What’s the presumption of paternity?

Kim Kardashian and Kanye West have announced that they are expecting, which raises many legal questions including, how do you legally change the alphabet so that West starts with a “K” and also who’s the legal father?

In many states whenever a mother who is married gives birth, it is her husband who is automatically presumed to be the father. That’s a legal doctrine known as “the presumption of paternity.” Kim has a husband. Not Kanye West. Kris Humphries from whom she’s separated but not divorced. In both California, where Kim lives, and Minnesota, Humphries’ home state, there is a presumption of paternity but both states allow someone to use biological evidence to disprove the paternity – not the case all over – in some states, if you’re the husband, you can’t disprove you’re the father even with DNA.

As always the lesson for the rest of us is that complicated situations may make for interesting reality TV shows but really difficult actual reality.

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