Michael M. v. GIOVANNA F.

Michael M. (Michael) appeals the dismissal of his paternity action brought against respondents Giovanna F. (Giovanna) and Matthew F. (Matthew) (collectively, respondents) after the trial court sustained respondents’ demurrer to his second amended complaint without leave to amend. Michael contends portions of the Uniform Parentage Act (UPA) as adopted in California (Civ. Code, § 7000 et seq.) are unconstitutional as applied to him because they deny him standing to maintain an action to establish paternity of his child, Brian F. (Brian). He argues the denial amounts to a deprivation of due process and of the equal protection of the laws, and in addition asserts it violates his privacy rights under the California Constitution.

We find Michael has alleged facts that if proven, would establish a protected federal due process interest in an opportunity to establish his paternity, and an opportunity to show that the formation of a parental relation between him and Brian by means of appropriate visitation or custody orders would be in Brian’s best interests. We find that on the facts of this case, the state’s interest in enforcing the standing provisions of the UPA are…