38-1114. Presumption of paternity.
38-1114
38-1114. Presumption of paternity.(a) A man is presumed to bethe father of a child if:
(1) The man and the child's mother are, or have been, married toeachother and the child is born during the marriage or within 300 days afterthe marriage is terminated by death or by the filing of a journal entry ofa decree of annulment or divorce.
(2) Before the child's birth, the man and the child's mother haveattempted to marry each other by a marriage solemnized in apparentcompliance with law, although the attempted marriage is void or voidable and:
(A) If the attempted marriage is voidable, the child is born during theattempted marriage or within 300 days after its termination by death or bythe filing of a journal entry of adecree of annulment or divorce; or
(B) if the attempted marriage is void, the child is born within 300 daysafter the termination of cohabitation.
(3) After the child's birth, the man and the child's mother havemarried, or attempted to marry, each other by a marriage solemnized inapparent compliance with law, although the attempted marriage is void orvoidable and:
(A) The man has acknowledged paternity of the child inwriting;
(B) with the man's consent, the man is named as thechild's father on the child'sbirth certificate; or
(C) the man is obligated to support the child under a writtenvoluntarypromise or by a court order.
(4) The man notoriously or in writing recognizespaternityof the child, including but not limited to a voluntary acknowledgment made inaccordance with K.S.A. 38-1130 or 65-2409a, and amendments thereto.
(5) Genetic test results indicate a probability of 97% or greater that theman is the father of the child.
(6) The man has a duty to support the child under an order of supportregardless of whether the man has ever been married to the child's mother.
(b) A presumption under this section may be rebutted only by clear andconvincing evidence, by a court decree establishing paternity of thechild by another man or as provided in subsection (c). If a presumption isrebutted, the party alleging the existence of a father and child relationshipshall have the burden of going forward with the evidence.
(c) If two or more presumptions under this section arise which conflict witheach other, the presumption which on the facts is founded on the weightierconsiderations of policy and logic, including the best interests of the child,shall control.
(d) Full faith and credit shall be given to a determination of paternitymade by any other state or jurisdiction, whether the determination isestablished by judicial or administrative process or by voluntaryacknowledgment. As used in this section, "full faith and credit" means that thedetermination of paternity shall have the same conclusive effect and obligatoryforce in this state as it has in the state or jurisdiction where made.
(e) If a presumption arises under this section, the presumption shall besufficient basis for entry of an order requiring the man to support the childwithout further paternity proceedings.
(f) The donor of semen provided to a licensed physician for use inartificial insemination of a woman other than the donor's wife is treated inlaw as if he were not the birth father of a child thereby conceived, unlessagreed to in writing by the donor and the woman.
History: L. 1985, ch. 114, § 5;L. 1994, ch. 292, § 5; July 1.