Rodney F. v. Karen M

In Rodney F. v. Karen M. (1998) 61 Cal.App.4th 233, a married woman became pregnant during an extramarital affair. Paternity tests showed a 99.5 percent probability of the woman's paramour being the child's father. Despite the virtual certainty of the test results, the trial court applied Welfare and Institutions Code section 7540's conclusive presumption of paternity to the woman's husband. The appellate court affirmed, and criticized the lower court for even allowing testing because the boyfriend had no standing. Only a mother, child, or a statutorily "presumed father" may request a paternity test intended to rebut the conclusive presumption; as the boyfriend was not in any of these categories, he was not entitled to testing. ( Id. at pp. 238-239.) The court explained: "The blood tests were not authorized by Fam. Code section 7541, and only blood tests authorized by section 7541 can overcome the conclusive presumption of paternity. Where, as here, the conclusive presumption of paternity applies under the law, it is irrelevant that the biological father can prove his paternity or even that all parties to the proceedings may concede that plaintiff is the biological father." (Id. at p. 240.)