2013 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 168-B - SURROGACY
Section 168-B:3 - Father-Child Relationship.
168-B:3 Father-Child Relationship.
I. Notwithstanding any other provision of law, a man is presumed to be the father of a child if:
(a) He and the child's mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated for any reason, or after a decree of separation is entered by a court.
(b) Before the child's birth, he and the child's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid; and
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination for any reason; or
(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
(c) After the child's birth, he and the child's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid; and
(1) He has acknowledged his paternity of the child in a writing filed with the appropriate court or state agency;
(2) With his consent, he is named as the child's father on the birth certificate; or
(3) He is obligated to support the child under a written voluntary promise or by court order.
(d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child.
(e) As an unmarried donor of sperm for use in artificial insemination or in vitro fertilization, he and an unmarried woman, who under RSA 168-B:2 would be the mother of the child, follow the procedures in RSA 168-B:10-12 or 168-B:13-15 and agree in writing in advance of the procedure that the donor shall be the father.
II. A presumption under paragraph I may be rebutted in an appropriate action only by clear and convincing evidence. The existence of the father and child relationship presumed under subparagraph I(a), (b), or (c) shall not, however, be rebutted by evidence that the child was conceived by means of artificial insemination or in vitro fertilization, so long as the presumptive father complies with the requirements of RSA 168-B:11 or 168-B:13, IV. In the absence of such compliance, the presumptive father's consent shall be conclusively presumed by his failure to object to paternity by filing an action to dispute paternity within 30 days after he knew or should have known of the child's birth. If 2 or more presumptions of paternity arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption shall be rebutted by a court decree establishing paternity of the child by another man.
Source. 1990, 87:2, eff. Jan. 1, 1991.
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