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Name: Neil S. v. Mary L.
Case #: D057777
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/16/2011

Assertion of relationship with minors while in utero did not establish presumed paternity. In a family law case, Neil argued for presumed father status based upon his relationship with the minor twins in utero. The twins were born to a married woman with whom he had an affair. The woman’s husband was present for the birth and put his name on the birth certificate. The family court found Neil had failed to establish presumed father status. The appellate court affirmed that ruling, finding that a biological connection without any parental relationship does not give rise to a protected liberty interest in a relationship with a child born to another man. It was undisputed that the twins were never received into Neil’s home even though he held them out as his own. His alleged relationship with the twins in utero did not constitute an actual personal relationship to preclude the application of paternity laws.