25-8-57. Rebuttable presumption of legitimacy.
Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them, or a potential biological father of the child. The potential biological father has standing to file an action to rebut this presumption prior to obtaining genetic test results. The potential biological father may not rebut the presumption without genetic test results meeting the requirements of §25-8-58 establishing that he is the biological father of the child.
This presumption may be specifically rebutted pursuant to §25-8-64.
Source: SL 1994, ch 204, §9; SL 2013, ch 119, §17.
Structure South Dakota Codified Laws
Chapter 08 - Paternity Proceedings
Section 25-8-3 - Father and mother's liability for confinement expense.
Section 25-8-5 - Custodian's recovery of support from noncustodian--Period support recoverable.
Section 25-8-7.1 - Court ordered testing for paternity--Filing of results.
Section 25-8-7.2 - Persons authorized to perform test--Liability.
Section 25-8-7.3 - Test results--Documentation--Filing objections to admissibility.
Section 25-8-9 - Time for bringing proceedings.
Section 25-8-12 - Time of institution of proceeding--Trial deferred until birth.
Section 25-8-46 - Terminology used in records of children born out of wedlock.
Section 25-8-49 - Admission of paternity as prima facie evidence.
Section 25-8-50 - Voluntary hospital-based paternity establishment program.
Section 25-8-51 - Forwarding of affidavit of paternity to Department of Social Services.
Section 25-8-52 - Rebuttable presumption of paternity--Signed and notarized affidavit.
Section 25-8-53 - Reimbursement of reasonable costs for affidavit of paternity.
Section 25-8-54 - Use of forms and information prescribed by department.
Section 25-8-55 - Default judgment establishing paternity.
Section 25-8-56 - Judgment of paternity--Full faith and credit.
Section 25-8-57 - Rebuttable presumption of legitimacy.
Section 25-8-58 - Genetic test results.
Section 25-8-59 - Actions contesting rebuttable presumption of paternity.
Section 25-8-61 - Trial by jury prohibited in paternity action.
Section 25-8-62 - Admissible medical billing evidence in paternity actions.
Section 25-8-63 - Filing affidavits or adjudications of paternity.