Constitutional Law Keyed to Cohen
Michael H. v. Gerald D
Under California law, a child born to a married woman living with her husband is presumed to be a child of the marriage. The presumption of legitimacy may be rebutted by showing: (1) that the child of a wife cohabitating with her husband is impotent or sterile or (2) that blood tests are used to prove the natural father within two years after the child is born. A father wishing to establish paternity rights to his child challenged the California law. The California Court of Appeals upheld the constitutionality of the statute. The California Supreme Court denied discretionary review.
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