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PaperclipPerfector  1d ago (text post)   840 thread views

Friday Fun Thread for August 15, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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Series of court opinions:

  • A wife gives birth to a child. However, around the time of the child's conception, the wife was intimate not only with her husband but also with a paramour, so the child's paternity is uncertain. When informed of the pregnancy, the paramour at first disclaims interest in it, but a week later changes his mind. Shortly after the child is born, the paramour files a lawsuit to compel genetic testing and establish paternity. The husband testifies that, regardless of any DNA test's result, he will continue to love and care for the child.

  • The trial judge rejects the paramour's request. (1) State caselaw incorporates an irrebuttable presumption of legitimacy: If paternity is uncertain, but around the time of conception the mother was in an intact marriage with a husband who was not absent, impotent, or sterile, then the husband is automatically considered the father, and this determination cannot be changed even with a DNA test. (2) State caselaw incorporates paternity by estoppel: After the paramour disclaimed interest in the child, the child and the husband were entitled to rely on that declaration, and the paramour was not permitted to change his mind and "pull the carpet out from under" the developing relationship between the child and the husband. The appeals panel affirms, solely on the first basis since it is dispositive.

  • The state supreme court vacates and remands. The irrebuttability of the presumption of legitimacy is an outdated relic of the days before in vitro fertilization, minimally-invasive (cheek-swab rather than blood-vial) DNA testing, and nondiscrimination against illegitimate children. The presumption of legitimacy now can be rebutted with a DNA test if (1) there is a reasonable possibility that DNA testing will reveal the paramour to be the father and (2) DNA testing serves the best interest of the child. (The doctrine of paternity by estoppel is left unchanged. On remand, it may serve as an alternative basis to affirm the trial judge's ruling.)

  • Two of the state supreme court's seven justices dissent in part. They think that the presumption of legitimacy already has been eliminated by the legislature, and therefore courts should be empowered to order DNA testing without a pointless multifactor test. One of the dissenters would go even further:

    I cannot cling to the notion that it is the public policy of this Commonwealth that children’s interests are necessarily served by "the stability of an intact family unit" led by married parents. I would emphasize that families regularly flourish under non-traditional configurations and that families regularly falter under traditional ones. Nowhere is it assured that a stable family unit, defined as one involving a married couple, will remain as such for any prescribed period of time let alone the entirety of a childhood. Ultimately, it is the legislative prerogative to identify and implement the Commonwealth’s policy preference, especially in an arena as sensitive as marriage and child-rearing. The Legislature provided for no fault divorce, making severance of marriages relatively easy; it endorsed scientific testing to determine paternity allowing for the potential involvement of a third party in a married couple’s family unit. As to the preferred structure of the family unit, the clearest statement of the Legislature is that in all cases, the best interests of the child must prevail in custody matters. Given the co-existence of the statutes that recognize expedient termination of marriages, the recognition of a third party’s genetic paternity to a child born to a married couple and the dominance of the child’s best interests in custody matters, I am hard pressed to find a legislative declaration that it is the clear public policy of the Commonwealth that marriages involving children must be preserved.
    (The other dissenter refrains from joining this footnote.)

  • On remand, the appeals panel reverses the trial judge. Regarding the presumption of legitimacy: DNA testing serves the interest of the child in knowing its biological father. Regarding paternity by estoppel: In past cases, the doctrine has been applied when a paramour filed his paternity lawsuit multiple years after the child's birth. However, in this case the paramour filed his paternity lawsuit just eight days after the child's birth, so there was hardly any "developing relationship between the child and the husband" to be torn asunder. (Of course, after all this lawyering the child is two years old.)

Interesting, as usual. I almost think we should have a dedicated Saturday Series of Court Opinions: brought to you by ToaKraka™.

I wonder if the dissent with respect to "marriage and child-rearing" is some positioning in case the US Supremes ever revisits Obergefell Re. Roberts dissent:

It (marriage) arose in the nature of things to meet a vital need: ensuring that children are conceived by a mother and father committed to raising them in the stable conditions of a lifelong relationship.

I would love to read a regular "weird court cases" topic.

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