I disagree. I think the core idea is a social construct. The male gets access to regular sex, and the female gets a protector during times when she and her offspring are vulnerable. There is a wide range of variations on this depending on the species. For humans, the legal aspects came later.
What I wonder about is how religion inserted itself into this. I suspect a bit of trying to explain why males and females bond one-on-one and a bit about trying to control disruptive behavior.