§ 14-20-10 — (204) Presumption of paternity

1. A man is presumed to be the father of a child if:
a. He and the mother of the child are married to each other and the child is born
during the marriage;
b. He and the mother of the child were married to each other and the child is born
within three hundred days after the marriage is terminated by death, annulment,
declaration of invalidity, divorce, or after a decree of separation;
c. Before the birth of the child, he and the mother of the child married each other in
apparent compliance with law, even if the attempted marriage is or could be
declared invalid, and the child is born during the invalid marriage or within three
hundred days after its termination by death, annulment, declaration of invalidity,
divorce, or after a decree of separation;
d. After the birth of the child, he and the mother of the child married each other in
apparent compliance with law, whether or not the marriage is or could be
declared invalid, and he voluntarily asserted his paternity of the child, and:
(1) The assertion is in a record filed with the department of health and human
services;
(2) He agreed to be and is named as the child's father on the child's birth
certificate; or
(3) He promised in a record to support the child as his own; or
e. For the first two years of the child's life, he resided in the same household with
the child and openly held out the child as his own.
2. A presumption of paternity established under this section may be rebutted only by an
adjudication under sections 14-20-36 through 14-20-58.