DMR.6.5.070 Marital Presumption

(a) Presumption of Paternity Based on Marriage of the Parties.

(1) A person is presumed to be the parent of a child if any of the following applying:

(A) An individual and the child's biological mother are/or had been married to each other and the child was conceived or born after the marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties; or

(B) An individual and the child's biological mother were married to each other after the child was born but the individual and the child's biological mother had a relationship with one another during the period of time within which the child was conceived and no other individual has been adjudicated to be the father or presumed to be the father of the child under paragraph (i), above.

(2) To overcome the presumption of a marital child, the Court shall appoint a Guardian ad Litem (GAL) to represent the best interests of the child in question.

(A) The GAL will determine whether or not it is in the best interests of the child that a person other than the spouse of the biological mother be determined to be the biological parent. Upon recommendation of the GAL genetic tests shall be conducted, the GAL will also indicate which individuals must submit to genetic testing. The Court shall give great weight to the GAL's reports and recommendations, on whether or not genetic testing should be conducted and on whom, if any, and on whether or not the marital presumption as to the parentage of the child shall be overcome.

(B) Once paternity has been adjudicated and the marital presumption has been overcome the spouse is no longer a party to the action.