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Constitutional Law Keyed to Choper
Michael H. v. Gerald D.
Citation:
491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1989).Facts
Gerald D. was the presumptive father of a girl, born to his wife Carole. However, Carole had an adulterous partner, Michael H., who obtained blood tests indicating that he was the biological father. When Michael obtained visitation rights in a California state court, Gerald argued that Michael had no ground under California law to challenge Gerald’s paternity since more than two years had passed since the girl’s birth. According to Cal. Evid. Code 621, the child is “presumed to be a child of the marriage” and another man can only challenge this presumption within two years of birth.
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