Neil S. v. Mary L.

Appellant Neil S. appeals from an order granting respondents Mary L. and Scott J.’s motion 1 to quash Neil’s petition to establish paternity, obtain joint custody and reasonable visitation, pay child support, and for genetic testing. In that petition, Neil sought to establish a parent-child relationship with twins bom to Mary while she was married to Scott, who had accepted the children as his own. Asserting his relationship with the children began in útero while he attended to Mary’s neonatal care and sang or talked to the unborn children, and that Mary and Scott obstructed his ability to take them into his home, Neil contends he has a constitutionally protected due process right to an opportunity to develop or continue his relationship with them. He asks this court to hold Family Code section 7611, subdivision (d) 2 of the Uniform Parentage Act (§ 7600 et seq.; the UPA) and its “related statutory scheme” unconstitutional both facially and as applied to these facts on due process and equal protection grounds. He also challenges the constitutionality of section 7612, subdivision (b), requiring a court to reconcile conflicting paternity presumptions, when applied to…