The Paternity Presumption

In California, there is a “paternity presumption.” The presumption is, in essence, if a woman is married to her husband when she gives birth to a child then the husband is the presumed biological father of the child.  The specifics of the presumption is described in California Family Code section 7611.

But – what if the father of the child and the husband are not the same man? This conundrum and legal issue was brought before the United States Supreme Court in a case entitled Michael H. v. Gerald D.

Michael H. vs Gerald D.

In this case, Gerald was married to an international model. Early on in the couple’s marriage, Carol had an affair with a man named Michael. The extra-marital affair resulted in the birth of a child named Victoria. Because Gerald, the husband, was neither impotent nor sterile, he was presumed to be Victoria’s biological father. Michael – Victoria’s actual biological father – took his challenge to the paternity presumption all the way to the Supreme Court. In its original opinion, the court ruled that under California law, Michael had no rights to visit the child or participate in her upbringing despite being her biological father.

Now – fortunately, since Michael H. v. Gerald D., California has altered its paternity presumption law. Now a biological father, or an advocate acting on behalf of the child, can challenge the marital paternity presumption so long as it is done within the child’s first two years of life.

Recent advancements in DNA technology have been a huge development for this area of the law. Advancements in DNA technology have enabled men to undergo DNA testing in order to establish biological paternity.

Contact Cardwell, Steigerwald Young

For more information about paternity rights, or help in filing and completing the process of establishing paternity, contact one of our experienced San Francisco family law attorneys at Cardwell Steigerwald Young, LLP.

Source:

supreme.justia.com/cases/federal/us/491/110/