C.C. v. A.B.
Massachusetts Supreme Judicial Court
550 N.E.2d 365 (1990)
- Written by Jamie Milne, JD
Facts
While A.B. (defendant) and her husband were separated, A.B. had a relationship with C.C. (plaintiff). A.B. and C.C. were living together when A.B. became pregnant, and they continued to live together through the pregnancy and after the child’s birth. C.C. was listed as the child’s father on the birth certificate and baptismal record. However, A.B. later reconciled with her husband and moved herself and the child into the husband’s home. Wanting to maintain an ongoing relationship with the child, C.C. initiated a paternity action seeking a judicial declaration that he was the child’s father and was entitled to visitation. A.B. moved to dismiss the action, arguing that because she was married to another man when the child was born, that man was the presumed father and C.C. could not bring a paternity action. C.C. countered that if such a rule existed, it was unconstitutional. The probate court referred the case to the state appeals court, and the Massachusetts Supreme Judicial Court granted direct review.
Rule of Law
Issue
Holding and Reasoning (Nolan, J.)
Dissent (O’Connor, J.)
What to do next…
Here's why 899,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

