Section 3 Presumptionof LegitimacyofChild

• Library: Juvenile Law 2011

The presumption of legitimacy has been described as “the strongest known to law.” Bernheimer v. First Nat. Bank of Kansas City,
225 S.W.2d 745, 751 (Mo. banc 1950). At common law, the presumption was conclusive, but it is now considered rebuttable. Cobb v. Thomas, 615 S.W.2d 508 (Mo. App. E.D. 1981). The burden of proving illegitimacy is on the party asserting it, who must establish a case by clear, cogent, and convincing evidence that leaves the trial court clearly convinced that no other conclusion can...