{"data":{"id":"us-dc/d.c.-code-16-909","jurisdiction":"us-dc","citation":"D.C. Code § 16-909","heading":"Proof of child’s relationship to parents.","body":"(a)\nA father-child relationship is established by an adjudication of a man’s parentage, by operation of subsection (e) of this section, or by an unrebutted presumption pursuant to this subsection. There shall be a presumption that a man is the father of a child:\n(1)\nIf he and the child’s mother are or have been married, or in a domestic partnership, at the time of either conception or birth, or between conception and birth, and the child is born during the marriage or domestic partnership, or within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court, or within 300 days after the termination of the domestic partnership pursuant to § 32-702(d) or § 16-904(e); or\n(2)\nIf, prior to the child’s birth, he and the child’s mother have attempted to marry, and some form of marriage has been performed in apparent compliance with law, though such attempted marriage is or might be declared void for any reason, and the child is born during such attempted marriage, or within 300 days after the termination of such attempted marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court; or\n(3)\nIf, after the child’s birth, he and the child’s mother marry or attempt to marry, (with the attempt involving some form of marriage ceremony that has been performed in apparent compliance with law), though such attempted marriage is or might be declared void for any reason, and he has acknowledged the child to be his; or\n(4)\nIf the putative father has acknowledged paternity in writing.\n\n(a-1)\n(1)\nA mother-child relationship is established by a woman having given birth to a child, by an adjudication of a woman’s parentage, by operation of subsection (e) of this section, or by an unrebutted presumption pursuant to paragraph (2) of this subsection.\n(2)\nThere shall be a presumption that a woman is the mother of a child if she and the child’s mother are or have been married, or in a domestic partnership, at the time of either conception or birth, or between conception or birth, and the child is born during the marriage or domestic partnership, or within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court, or within 300 days after the termination of the domestic partnership pursuant to § 32-702(d) or § 16-904(e).\n\n(b)\n(1)\nA presumption created by subsection (a)(1) through (4) of this section may be overcome upon proof by clear and convincing evidence, in a proceeding instituted within the time provided in § 16-2342(c) or (d), that the presumed parent is not the child’s genetic parent. The Court shall try the question of parentage, and may determine that the presumed parent is the child’s parent, notwithstanding evidence that the presumed parent is not the child’s genetic parent, after giving due consideration to:\n(A)\nWhether the conduct of the mother or the presumed parent should preclude that party from denying parentage;\n(B)\nThe child’s interests; and\n(C)\nThe duration and stability of the relationship between the child, the presumed parent, and the genetic parent.\n(2)\nIf questioned, the presumption created by subsection (a-1)(2) that a child born to the mother is the child of the mother’s female domestic partner or spouse may be overcome pursuant to paragraph (1) of this subsection or upon proof by clear and convincing evidence that the presumed parent did not hold herself out as a parent of the child.\n(3)\nNotwithstanding any other provision in this title, when a child has both a presumed parent and a parent established by a voluntary acknowledgment of paternity, pursuant to § 16-909.01(a)(1), the Court shall determine parentage after giving due consideration to the child’s interests and the duration and stability of the relationship between the child, the presumed parent, and the acknowledged parent.\n\n(b-1)\nWhen a child has no presumed parent pursuant to subsection (a)(1) through (4) of this section or pursuant to subsection (a-1)(2) of this section, a conclusive presumption of parentage shall be created:\n(1)\nUpon a result and an affidavit from a laboratory of a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services that is performed by a laboratory approved by such a body indicating a 99% probability that the person is the genetic parent of the child; or\n(2)\nIf the father has acknowledged paternity in writing in the District, as provided in § 16-909.01(a)(1), unless it is proven that the requirements of that section were not fully met.\n\n(b-2)\n(1)\nSubject to the requirements of this section, the court may issue a judgment adjudicating the parentage of a child born to parents who reside outside of the District of Columbia in a proceeding to determine parentage, pursuant to § 16-2342, if:\n(A)\nThe child was born in the District of Columbia;\n(B)\nBoth individuals seeking a judgment adjudicating parentage have a legal relationship with the child through a presumption of parentage under this section or meet the requirements of parentage in subsection (e) of this section; and\n(C)\nBoth parents submit to the jurisdiction of the District by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.\n(2)\nUpon the determination of parentage under this subsection, the court shall issue a judgment adjudicating the parentage of the child.\n(3)\nThis subsection shall apply retroactively to all children born in the District of Columbia on or after July 18, 2009.\n\n(c)\nThe parent-child relationship shall be conclusively established:\n(1)\nUpon a determination of the parentage of a child by the following:\n(A)\nThe Superior Court of the District of Columbia under the provisions of subchapter II of Chapter 23 of this title or subsection (b) of this section;\n(B)\nAny other court of competent jurisdiction;\n(C)\nThe IV-D agency of another state, in compliance with jurisdictional and procedural requirements of that state; or\n(D)\nAny entity of another state authorized to determine parentage, in compliance with jurisdictional and procedural requirements of that state;\n(2)\nWhen a child has no presumed parent pursuant to subsection (a)(1) through (4) of this section or pursuant to subsection (a-1)(2) of this section, by a voluntary acknowledgment of paternity pursuant to section 16-909.01(a)(1), unless either signatory rescinds the acknowledgment pursuant to section 16-909.01(a-1); or\n(3)\nBy a voluntary acknowledgment of paternity in another state pursuant to the laws and procedures of that state, unless either signatory rescinds the acknowledgment pursuant to the laws and procedures of that state.\n\n(c-1)\n(1)\nA parent-child relationship that has been established in the District pursuant to subsection (b-1)(1) of this section may be challenged upon the same grounds and through the same procedures as are applicable to a final judgment of the Court.\n(2)\n(A)\nA parent-child relationship that has been established in the District pursuant to subsection (b-1)(2) of this section or § 16-909.01(a)(1) may be challenged in the Court after the recission period provided by § 16-909.01(a-l) through the same procedures as are applicable to a final judgment of the Court, but only on the basis of fraud, duress, or a material mistake of fact, with the burden of proof on the challenging party. A challenge to the acknowledgement may be filed with the Court at any time by a party, any signatory to an acknowledgement of paternity or adjudication, the child whose parentage is at issue, or another individual who puts forth sufficient facts to claim they may be the biological parent of the child.\n(B)\nFor the purposes of subparagraph (2)(A) of this paragraph, Court-ordered DNA test results excluding a signatory of an acknowledgement of paternity as the father or proving to a scientific certainty that a different individual is the child's biological parent shall constitute evidence of fraud, duress, or a material mistake of fact, and shall require the Court to set aside the acknowledgement of paternity.\n(C)\nThe legal responsibilities (including child support obligations) of any signatory arising from the acknowledgement of paternity may not be suspended during the challenge, except for good cause shown.\n\n(c-2)\nA determination of parentage made pursuant to subsection (c)(l)(A) of this section may be challenged in the same manner as an acknowledgement of paternity may be challenged pursuant to subsection (c-1)(2) of this section.\n\n(d)\nThe parent-child relationship between an adoptive parent and a child may be established conclusively by proof of adoption.\n\n(e)\n(1)\nA person who consents to the artificial insemination of a woman as provided in subparagraph (A) or (B) of this paragraph with the intent to be the parent of her child, is conclusively established as a parent of the resulting child.\n(A)\nConsent by a woman, and a person who intends to be a parent of a child born to the woman by artificial insemination, shall be in writing signed by the woman and the intended parent.\n(B)\nFailure of a person to sign a consent required by subparagraph (A) of this paragraph, before or after the birth of the child, shall not preclude a finding of intent to be a parent of the child if the woman and the person resided together in the same household with the child and openly held the child out as their own.\n(2)\nA donor of semen to a person for artificial insemination, other than the donor’s spouse or domestic partner, is not a parent of a child thereby conceived unless the donor and the person agree in writing that said donor shall be a parent. Notwithstanding any other provision in this title, genetic test results shall not establish parentage of a semen donor unless:\n(A)\nThe donor of semen is the spouse or domestic partner of the child’s mother; or\n(B)\nThe donor and the child’s mother agree in writing that said donor shall be a parent.\n\n(f)\nFor the purposes of this section, the term:\n(1)\n“Domestic partner” shall have the same meaning as provided in § 32-701(3), but shall exclude a domestic partner who is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of a woman who gives birth to a child.\n(2)\n“Domestic partnership” shall have the same meaning as provided in § 32-701(4), but shall exclude a domestic partnership where a domestic partner is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of a woman who gives birth to a child.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 9. Divorce, Annulment, Separation, Support, Etc."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-909","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"7dabb5a9adb3a6e29733b6881d87a3e4eecf40408c99f348b5bc317b354a6ce6","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-908","next":"us-dc/d.c.-code-16-909.01"},"notice":"GroundRules: Original legal text. Not legal advice."}