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PATERNITY

Legal Term: PATERNITY
Definition: The state or condition of a father.

2. The hushand is prima facie presumed to be the father of his wife s chhildren, born during coverture, or within a competent time afterwards pater is est quem nuptim demonstrant. 7 N. S. 553. But this presumption may be rebutted by showing circumstances which render it impossible that the hushand can be the father. 6 Binn. 283; 1 Browne s R. Appx. xlvii.; Hardin s R. 479; 8 East, R. 193; Stra. 51, 940. 4 T. R; 356;. 2 M. & K. 349; 3 Paige s R. 139; I Sim. & Stu. 150; Turn. & Russ. 138; 1 Bouv. Inst. n. 302, et seq.

3. The declarations of both or one of the spouses, however, cannot affect the condition of a child born during the marriage. 7 N. S. 553; 3 Paige s R. 139. Vide Bastard;. Bastardy;, Legitimacy; Maternity; Pregnancy.



***All definitions are taken from the 1856 Edition of Bouviers Law Dictionary

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