Paternity Testing Information for the North Dakota (ND)

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The North Dakota Statute

14-17-04. Presumption of paternity. 

1. A man is presumed to be the natural father of a child if: 

a. The man and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court; 

b. Before the child's birth, that man and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred days after its termination by death, annulment, declaration of invalidity, or divorce; or (2) If the attempted marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; 

c. After the child's birth, that man and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: (1) The man has acknowledged the man's paternity of the child in writing filed with the division of vital statistics of the state department of health; (2) With the man's consent, that man is named as the child's father on the child's birth certificate; or (3) The man is obligated to support the child under a written voluntary promise or by court order; Page No. 161 

d. While the child is under the age of majority, the man receives the child into the man's home and openly holds out the child as the man's natural child; 

e. The man acknowledges the man's paternity of the child in a writing filed with the division of vital statistics of the state department of health, which shall promptly inform the mother of the filing of the acknowledgment, and the mother does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the division of vital statistics of the state department of health. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted; or 

f. If genetic tests show that the man is not excluded and the statistical probability of the man's parentage is ninety-five percent or higher. 2. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

This information is provided for reference only