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Simple English definitions for legal terms
maternity presumption
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A quick definition of maternity presumption:
Maternity Presumption: When a baby is born, it is assumed that the woman who gave birth to the baby is both the real mom and the legal mom of the baby. This is called the maternity presumption. It means that the woman who gave birth is considered to be the baby's mom unless there is evidence to prove otherwise. This is different from the presumption of paternity, which is the assumption that the man who is married to the mother is the father of the baby.
A more thorough explanation:
Maternity presumption is a legal concept in family law that assumes the woman who has given birth to a child is both the genetic and legal mother of the child.
For example, if a woman gives birth to a child, she is presumed to be the child's mother, even if there is no genetic testing to confirm it. This presumption can be challenged in court, but it is the default assumption.
This presumption is important because it establishes the legal relationship between a mother and her child, including rights and responsibilities such as custody, visitation, and child support.