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11 J. Contemp. Legal Issues 475 (2000-2001)
Michael H. v. Gerald D.

handle is hein.journals/contli11 and id is 489 raw text is: Michael H. v. Gerald D. SHARON SMITH Family Law, April 1999 California law, like nature itself, makes no provision for dual fatherhood.' In Michael H. v. Gerald D. the Supreme Court grappled for the first time with the question of a biological father's relationship with his child whose mother was married to another man when the child was born.2 A deeply fractured Court, in a plurality opinion authored by Justice Scalia, held a state law was not unconstitutional that, in conclusively presuming the husband is the father of a child born to his wife, denies the biological father what otherwise would be his due process rights to establish his paternity.3 Statement of Case and Facts The facts of this case are, we must hope, extraordinary.4 Carole married Gerald in 1976 and settled in Southern California. In 1978 Carole began an adulterous affair with Michael while living with Gerald. She gave birth to Victoria in 1981. Gerald's name was on Victoria's birth certi- ficate, and he assumed parental responsibility for and treated her as his child. Carole told Michael the child was his, and blood tests of Michael, Carole and Victoria six months after Victoria's birth established a 98.07% likelihood that Michael was Victoria's father. During a brief period in early 1982 Victoria and Carole lived with Michael after which Carole broke off their relationship. 1. Michael H. v. Gerald D., 491 U.S. 110, 118 (1989) (Michael H.). 2. Michael H., at 158. 3. Id. at 110-111. Chief Justice Rehnquist joined Justice Scalia's opinion in its entirety. Justices O'Connor and Kennedy joined all but a footnote in the opinion. Justice Stevens concurred in the judgment; thus, one may claim his opinion is the real opinion of the Court. Justice Brennan was joined in dissent by Justices Marshall and Blackmun, and also joined in Justice White's dissent. 4. So Justice Scalia commences his recitation of the facts, which are summarized here from pages 113-15 of the plurality opinion.

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