E.W. v. T.S. and C.S - Superior Court - January 31, 2007
http://www.courts.state.pa.us/OpPosting/Superior/out/a37030_06.pdf
A man who claimed to be the father of a child did not have standing to seek a declaration of his paternity or ask for custody of a 3 year old child, as against mother (T.S.) and her husband (C.S.), where
- mother and husband were married before conception, at time of conception and birth, etc.
- mother and husband never separated, filed for divorce, etc., and want to maintain their marriage
- husband was named as father on birth certificate
- husband has always assumed paternity and treated child as his own
"The presumption that a child born during the marriage is a child of the husband is always the starting point in a contest involving the parentage of a child born during coverture. Moreover, the strength of the presumption...is a child of the marriage is grounded in the Commonwealth's interest in protecting the family unit. Although the presumption may be rebutted by clear and convincing evidence of husband's non-access, impotency, or sterility, the presumption is irrebuttable where mother, child, and husband live together as an intact family and husband assumed parental responsibility for the child."
Justice Newman's opinion that there is a conflict between these principles and the Uniform Act on Blood Tests has never commanded a majority of the Court. See, Strauser v. Stahr, 726 A.2d 1052, 1056 n. 2 (Pa. 1999)
