Constitutional Law Keyed to Chemerinsky
Michael H. v. Gerald D
Facts
The situation at bar is sordid and convoluted. In short, Michael H. impregnated Carole D. while she was still married and living with Gerald D. The child born from their encounter, Victoria D., has Gerald D. recorded as her father on her birth certificate. Carole and Gerald for many years commencing with the child’s birth, held Victoria out publicly as their own offspring. However, DNA tests show that Michael H. is over 98% certainly Victoria’s biological father. While Carole D. and Gerald D. were separated, Michael H. and Carole D. lived together with Victoria D. and held her out publicly as their child. Carole D. and Gerald D. have since divorced and Carole D. has married Scott K. Michael H. now sues for parental rights over Victoria D. California’s paternity laws conclusively presume that the issue (child) of a wife cohabiting with her non-impotent or sterile husband is a child of the marriage. This presumption may only be challenged by the husband or wife within the first two years of marriage.
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