加州真正的案例
In re Marriage of Freeman
45 Cal.App.4th 1437, 53 Cal.Rptr.2d 439
Cal.App. 4 Dist.,1996.
請參考這一部份的資料
"
Statutory presumption that hu*****and who cohabited with wife at time of conception of child, under which hu*****and must dispute paternity by requesting blood tests within two years of child's birth, is not applicable in all cases, and where state does not have legitimate interest in enforcing conclusiveness of presumption, interested party may, notwithstanding presumption, present evidence which establishes that hu*****and is not biological father of his wife's child
Where hu*****and leaves marriage before birth of child and never assumes parental responsibility, statutory presumption of paternity created by hu*****and's cohabitation with wife at time of conception cannot be used to exclude evidence that would establish identity of child's biological father
Conduct of hu*****and with no biological ties to child may nonetheless stop hu*****and from avoiding parental responsibilities even after hu*****and's marriage to child's mother is dissolved; application of stopple is restricted to cases in which father represents to child expressly or by implication that he is child's natural father and child believes him to be natural father, and representation must be of such long continuance that it frustrates realistic opportunity of discovering natural father and truly establishes paternal relationship. "
您所提供的資料隻說明了,父方能夠追究要求"利用血液樣本做親子鑒定"來判斷自己是否真正為生父的法律追訴期為兩年,並不代表法官會因此不考慮其他的情況與旁證...
In re Marriage of Freeman
45 Cal.App.4th 1437, 53 Cal.Rptr.2d 439
Cal.App. 4 Dist.,1996.
請參考這一部份的資料
"
Statutory presumption that hu*****and who cohabited with wife at time of conception of child, under which hu*****and must dispute paternity by requesting blood tests within two years of child's birth, is not applicable in all cases, and where state does not have legitimate interest in enforcing conclusiveness of presumption, interested party may, notwithstanding presumption, present evidence which establishes that hu*****and is not biological father of his wife's child
Where hu*****and leaves marriage before birth of child and never assumes parental responsibility, statutory presumption of paternity created by hu*****and's cohabitation with wife at time of conception cannot be used to exclude evidence that would establish identity of child's biological father
Conduct of hu*****and with no biological ties to child may nonetheless stop hu*****and from avoiding parental responsibilities even after hu*****and's marriage to child's mother is dissolved; application of stopple is restricted to cases in which father represents to child expressly or by implication that he is child's natural father and child believes him to be natural father, and representation must be of such long continuance that it frustrates realistic opportunity of discovering natural father and truly establishes paternal relationship. "
您所提供的資料隻說明了,父方能夠追究要求"利用血液樣本做親子鑒定"來判斷自己是否真正為生父的法律追訴期為兩年,並不代表法官會因此不考慮其他的情況與旁證...
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