PREMIUM LEGAL RESOURCES
ASK A LAWYER
The law does not allow some presumptions to be disproved, no matter how strong the evidence to the contrary. These are called conclusive presumptions. The presumption that a child born to a married couple is considered the child of the husband is often irrebuttable (that is, you can't argue with it even if you can prove the husband isn't the father). A growing number of courts, however, have held conclusive presumptions to be unconstitutional (too unfair, and thus a denial of due process), especially in the area of paternity, because of blood tests which can exclude paternity with 100% accuracy.