BSA Section 116 — Birth during marriage, conclusive proof of legitimacy

Summary

If a person is born while their mother is in a valid marriage with a man, or within 280 days after that marriage ends while the mother has not remarried, the law treats it as conclusive proof that the man is the child's legitimate father. This means the fact of the birth during that time is taken as final and cannot be questioned on its own.

The only exception is if it can be shown that the married couple had no access to each other at any time when the child could have been conceived. If such a lack of access is proven, then this conclusive proof does not apply.

Official Text

The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

Old <-> New Code Mapping

• IEA §112 — Birth during marriage, conclusive proof of legitimacy