Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In New Mexico, paternity is the legal recognition of a man as the father of a child. Under New Mexico law, a man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged in court, where genetic testing may be ordered to determine biological paternity. Establishing paternity is crucial for child support proceedings, as it determines the father's financial responsibilities and the child's right to benefits such as inheritance and social security. New Mexico's statutes regarding paternity can be found in the state's family code, which outlines the specific conditions and legal procedures for establishing or contesting paternity.