Rodney F. v. Karen M.

— Rodney F. had an affair with a married woman. He brought this action to establish paternity of a child to whom the woman gave birth. *236 The trial court applied the conclusive presumption of Family Code section 7540 and found the woman’s husband to be the father of the child.

Rodney F. appeals raising due process and equal protection challenges. He also contends that blood test results should have been admitted into evidence; that the policies of section 7540 are not furthered by its application to the circumstances here; and that the child’s mother is estopped from denying his paternity. Because we are constrained by precedent we affirm the judgment.

Facts

Karen M. and her husband were married in 1985. They have a home in Carpintería. The marriage had its problems, and Karen M. filed for a dissolution in May of 1991. The action was dismissed in February of 1992, prior to the judgment becoming final. Karen M. filed a second action for dissolution in March of 1992, but that action did not result in a judgment.

During the marriage Karen M. began a sexual affair with a coworker, Rodney F. In May of 1991, Rodney F. and Karen M. rented an apartment in Summerland in…

— I concur with the majority in all respects of the opinion with the exception of part VI. I do not join in the majority’s opinion suggesting that, if certain conditions are satisfied, appellant should perhaps be allowed reasonable visitation to establish a “relationship” with the minor. Notwithstanding the biological connection, in legal contemplation, appellant is a stranger to the minor. He has no legal right to visitation or a “relationship” with the minor.

On March 5, 1998, the opinion was modified to read as printed above. Appellant’s petition for review by the Supreme Court was denied April 22, 1998. Mosk, J., and Chin, J., were of the opinion that the petition should be granted.

Rodney F. had an affair with a married woman. He brought this action to establish paternity of a child to whom the woman gave birth. The trial court applied the conclusive presumption of Family Code section 7540 and found the woman's husband to be the father of the child. [1]

Rodney F. appeals raising due process and equal protection challenges. He also contends that blood test results should have been admitted into evidence; that the policies of section 7540 are not furthered by its application to the circumstances here; and that the child's mother is estopped from denying his paternity. Because we are constrained by precedent we affirm the judgment.

Karen M. and her husband were married in 1985. They have a home in Carpinteria. The marriage had its problems, and Karen M. filed for a dissolution in May of 1991. The action was dismissed in February of 1992, prior to the judgment becoming final. Karen M. filed a second action for dissolution in March of 1992, but that action did not result in a judgment.

During the marriage Karen M. began a sexual affair with a coworker, Rodney F. In May of 1991, Rodney F. and Karen M. rented an apartment in Summerland in…