C.C. v. A.B.

550 N.E.2d 365 (1990)

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C.C. v. A.B.

Massachusetts Supreme Judicial Court
550 N.E.2d 365 (1990)

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.)

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