IEA Section 112 — Birth during marriage, conclusive proof of legitimacy

Chapter 7

Civil

Summary

If a child is born while the mother is in a valid marriage, or within 280 days after that marriage ends while the mother is still unmarried, the law treats this as final proof that the child is the legitimate child of the mother’s husband. The only exception is if it can be proven that the husband and wife had no chance to be together at any time when the child could have been conceived.

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 son 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

  • BSA §116 — Birth during marriage, conclusive proof of legitimacy