The California Supreme Court's Recent Holding: A "Presumed" Father Has Greater Rights Than a Biological One.
On March 1, in its fractured 4-3 decision in the case of In re Jesusa V., the California Supreme Court awarded greater rights to a child's "presumed" father than to her biological father. (A "presumed" father is one whom the court recognizes as having legal rights and obligations with respect to a child, although he may or may not be the genetic father.)
The majority's ruling sparked a 72-page dissent -- and the differences of opinion were striking. The decision raises important questions about the importance of biology to parenthood, ones that go well beyond this particular case.
Click here to read the entirety of Joanna Grossman's FindLaw article.
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