Which statement describes sufficiency of paternity evidence under the clear and convincing standard?

• A. DNA test alone is always sufficient
• B. Mere support is not enough
• C. Open and notorious acknowledgment is not admissible
• D. Decree of filiation establishing paternity is not admissible

Answer: (B)

The key idea is that proving paternity under the clear and convincing standard requires strong, direct evidence of who the father is. Merely providing financial support to the child does not establish who the father is with that high level of certainty. Support can arise for many reasons and doesn’t prove biological or legal paternity on its own.

Other ways to meet the standard include reliable DNA testing with proper procedures, or a court decree or a valid acknowledgment of paternity that formally establishes paternity. These forms of evidence are capable of satisfying the clear and convincing standard, whereas simply paying or providing support is not.