Michael H. v. Gerald D. (1989)

Key Facts– Under California law, children born to married women living with their husbands are presumed to be children of the marriage. Michael H. had an affair with a woman married to Gerald D., and Michael H. now sues for the right to establish his paternity of the child he fathered with the wife.

Issue– Are parental rights guaranteed when one alleges paternity of a child born to a married couple?

Holding– No

Result– California law held to apply to the case.

Reasoning– California law provides an assumption of paternity for the husband. Historically, the interests of men in Michael’s situation have not been protected through any special measures. To have Due Process protection, a right must be fundamental, rooted in tradition and conscience. Since no such right exists here, state law shall apply.

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