Paternity

The state or condition of a father,

The state or condition of a father. The husband is prima facie presumed to be the father of his wife’s children bom during coverture or within a competent time afterwards: pater is est quern nuptiw deni onstrant; Tate v. Penne, 7 Mart. N. S. (La.) 553. So if the child is en ventre sa mere at time of marriage; Co. Litt. 123; 8 East 192. In civil law the presumption holds In case of a child bom before marriage as well as after; 1 Bla. Com. 446, 454; Fleta, lib. 1, c. 6. In cases of marriage of a widow within ten months after decease of husband, the paternity is to be decided by circumstances; Hargrave, note *to Co. Litt. § 188. Marriage within ten months after decease of husband was forbidden by Roman, Danish, and Saxon law, and English law before the Conquest; 1 Beck, Med. Jur. 481; Brooke, Abr. Bastardy, pi. 18; Palm. 10; 1 Bla. Com. 456. See Annus Luctus. The presumption of paternity may always be rebutted by showing circumstances which render it impossible that the husband can be r. Cross, 3 Paige Ch. (N. Y.) 139, 23 Am. Dec. 778; 1 S. & S. 150. The declarations of one or both of the spouses, however, cannot affect the condition of a child born during the marriage; Tate v. Penne, 7 Mart. N. S. (La.) 553; Cross v. Cross, 3 Paige, Ch. (N. Y.) 139, 23 Am. Dec. 778. See Access; Bastard; Bastardy; Legitimacy; Pregnancy; Parent and Child.

See Bastard; Filiation; Pater.

The state or condition of a father. The husband is prima facie presumed to be the father of his wife's children, born during coverture, or within a competent time afterwards; pater is est quem nuptiae demonstrant. Vide Bastard; Bastardy; Legitimacy; Maternity; Pregnancy.