Presumed Father Law and Legal Definition

Presumed father refers to an individual whom the law presumes, until shown otherwise, to be the legal father of a child. A presumed father may not be the actual biological father of the child. A presumed father can be a married man who is married to the mother when the child was conceived or born; an individual who has legally agreed to be the father of his wife's child or has acted and behaved as if the child was his own. In U.S the law in most states creates a rebuttable presumption that if a woman conceives or gives birth to a child while she is married, her husband will be presumed to be the father of the child. A similar "presumption" can also be created if a father voluntarily allows his name to be placed on a child's birth certificate. However, these legal presumptions will remain effective only until they are successfully rebutted or challenged by someone in a formal legal proceeding.

The following is an example of a State Statute (Texas) defining presumed father:

According to Tex. Fam. Code § 160.102 "Presumed father" means a man who, by operation of law under Section 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.