| Abstract: | Development of highly accurate genetic tests in combination with recent legislative changes and judicial rulings have facilitated challenges to the presumption of legitimate birth in wedlock, even where the husband wishes to maintain his status as a parent. In many jurisdictions divorcing mothers may now contest their spouse's paternity of children of the marriage, and prove their denial by means of court-ordered blood tests. This article analyzes the family policy challenge posed by this innovation, and recommends a statutory remedy to protect a marital father's developed relationship with his child against termination through non-paternity action. The normative premise of the argument is the importance of preserving a child's relationship with its de facto marital father, as opposed to a legal definition of child-parent relationships based exclusively on biological parentage. |
