If the Baby Is Premature, Does the Statutory Presumptive Period of Conception Still Apply?

If you have not been to court for support yet, there shouldn't worry too much if the other party refuses to submit to blood testing. A judge can be very persuasive. So can court orders and contempt charges.

If you have not been to court for support yet. There shouldn't be too much worry tif there is a refusal to submit to blood testing. A judge can be very persuasive. So can court orders and contempt charges.

As far as the question is concerned, whether the Statutory Presumptive Period of Conception applies to premature births, there is no telling without doubt what a court will decide, but there is an example as to how your case may turn out: B.A.C. v. T.L.G. (In re Paternity of J.S.C.) 135 Wis. 2d 280, 400 N.W.2d 48 (Ct. App. 1986). In this situation, the alleged father denied parentage. The courts, however, base their decision around competent evidence submitted. Not the exact date of conception.

When do courts presume the conception of a child occurred?

As discussed in State ex rel. J.A.S. v. M.E.S. 142 Wis.2d 300, 418 N.W.2d32 (Ct. App. 1987), when the child is full term, the conception of the child shall be presumed to have occurred within a span of time extending from 240 days to 300 days before the date of its birth, unless competent evidence to the contrary is presented to the court.


References: B.A.C. v. T.L.G. (1986),  J.A.S. v. M.E.S. (1987)


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