W.B. ex rel. M.E.R. v. M.G.R.
W.B. ex rel. M.E.R. v. M.G.R.
Opinion of the Court
This appeal arises from an action seeking a determination that W.B. (“Appellant”) not M.G.R. (“Respondent”), is the father of M.E.R. (“Daughter”).
Respondent and T.B. (“Mother”) were married in 1976 and she gave birth to three children, including Daughter, born June 15, 1984, before the marriage was dissolved on October 3, 1984. In the dissolution decree, the court found that the three children were born of the marriage, custody was awarded to Mother, and Respondent was ordered to pay child support. Mother and Respondent were remarried in 1985, and the second marriage was dissolved in 1992. Again, the dissolution decree found that the children were born of the marriage, awarded custody to Mother, and ordered Respondent to pay child support. Later that year, Mother married Appellant. In January 1993, the court modified the decree to award custody of the two older children to Respondent. Custody of Daughter stayed with Mother, and child support was terminated.
The Uniform Parentage Act
On February 17, 1993, Appellant filed a petition seeking to have himself declared Daughter’s father under the Uniform Parentage Act.
A man is presumed to be the natural father of a child if:
(1) He and the child’s natural mother are or have been married to each other and the child is born during the marriage ...; or
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(4) He acknowledges Ms paterMty of the child m an affidavit, wMch is also signed by the natural mother.... If another man is presumed under this section to be the child’s father, acknowledgment may be accomplished only with the written consent of the presumed father or after the presumption has been rebutted....3
The trial court dismissed, and the court of appeals affirmed, holdrng that Appellant could not file an action under subdivision (4) until the nonexistence of the relationsMp presumed by subdivision (1) had been established.
The question presented is whether appellants may mamtain a smt to declare the nonexistence of a parent-child relationship between Respondent and Daughter. Prior to 1993, an action to establish the nonexistence of a paternal relationsMp presumed under the act could oMy be brought by the mother, the child, or the man presumed to be the father; such an action had to be commenced before the child’s fifth birthday.
Respondent argues that, once Daughter had reached her fifth birthday, Ms right to be free from a smt challengmg Ms paterMty became absolute, and that the subsequent enactment by the legislature could not divest him of that right. In Doe v. Roman Catholic Diocese of Jefferson City,
Appellant’s Constitutional Claims
Because he was never given an oppor-tumty to establish Ms paterMty of Daughter under the UPA, Appellant argues that it violates Ms right to due process, equal protection, and access to the courts. Appellant’s due process claim turns on the question of whether a biological father has a protectable liberty interest in the legal recogMtion of paterMty. The UMted States Supreme Court examined tMs question extensively in Michael H. v. Gerald D.,
Next, Appellant argues that his inability to maintain a suit rebutting the presumed paternity of Respondent violates equal protection principles. . Appellant claims that he is denied equal protection because “a person in his status” is prohibited from instituting an action to declare the nonexistence of a paternal relationship between Daughter and Respondent. Appellant does not argue that this statutory scheme is one requiring strict scrutiny, instead claiming that the statute is not rationally related to a legitimate state interest. This argument fails; the State’s interest here is clear. The statute is clearly designed to encourage the creation and maintenance of a relationship between a child and a father. Hence, where no such relationship exists, the act allows a putative father to claim paternity. In contrast, when another man has an existing paternal relationship with a child, the law seeks to protect it by only allowing it to be challenged for five years after the child’s birth, and then only by members of the family that would be disrupted by its termination. This scheme supports the legitimate state interest of protecting paternal relationships and does not violate equal protection.
Finally, Appellant argues that the fact that he has never had the opportunity to demonstrate his paternity under the UPA violates his right to open courts guaranteed by the Missouri Constitution.
Daughter’s Constitutional Claims
Daughter claims that the UPA’s five year period to challenge Respondent’s presumed paternity violates her right to open courts, due process and equal protection. Daughter first argues that application of the five-year limitations period to her suit is inconsistent with this Court’s decision in Strahler v. St. Luke’s Hosp.
Daughter also argues that barring her claim after her fifth birthday violates her right to due process.
Finally, Daughter challenges the five year limitations period on equal protection grounds. Daughter asserts that the UPA discriminates against her because a child without a presumed father under the act can file an action to declare a paternal relationship at any time before age twenty-one, while
Conclusion
The judgment of the circuit court is affirmed.
. On the Court’s own motion, we have changed the style of the case to protect the identity of the minor child.
. Sections 210.817-210.852, RSMo 1994.
. Section 210.822.1, RSMo 1994.
. W.B. v. M.G.R., T.J.R. and M.E.R., 905 S.W.2d 134 (Mo.App. 1995).
. Id. at 136.
. Section 210.826(2), RSMo Supp.1990.
. Section 210.826.1, RSMo 1994.
. 862 S.W.2d 338 (Mo. banc 1993).
. Id. at 340 (quoting Lucas v. Murphy, 348 Mo. 1078, 156 S.W.2d 686, 690 (1941)).
. Section 210.826(2), RSMo Supp.1990.
. 491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1993).
. Id. at 121-30, 109 S.Ct. at 2341-16; Id. at 132-33, 109 S.Ct. at 2346-47 (Stevens, J., concurring in the judgment).
. Id. at 127, 109 S.Ct. at 2344 (non-spouse’s claims of parental rights to children born into a marriage "not the stuff of which fundamental rights qualifying as liberty interests are made").
. Id. at 133, 109 S.Ct. at 2347 (Stevens, J., concurring in the judgment).
. Mo. Const., Art. I, sec. 14.
. Simpson v. Kilcher, 749 S.W.2d 386, 389 (Mo. banc 1988).
. 706 S.W.2d 7 (Mo. banc 1986).
. Id. at 12 n. 9 ("As we carefully note this case is narrowly ruled under the open courts guarantee .... Questions concerning ... other statute of limitations relating to minors are not before us in this case.”).
. Id. at 12.
. Id. at 11.
. Id.
. While Daughter’s brief is not a model of clarity, the thrust of her argument seems to be that she was denied procedural due process, and it is this claim that we address. We note, however, that a substantive due process claim on Daughter’s behalf fails for the same reasons Appellant’s does. Michael H., 491 U.S. at 131, 109 S.Ct. at 2346 (holding that child's "claim is the obverse of [putative father’s] and fails for the same reasons”).
. 706 S.W.2d at 12 n. 9.
. See, e.g., Blaske v. Smith & Entzeroth, 821 S.W.2d 822, 834 (Mo. banc 1991) (noting that due process examination of a statute of repose "is largely repetitious” of open courts analysis).
. Logan v. Zimmerman Brush Co., 455 U.S. 422, 437, 102 S.Ct. 1148, 1158-59, 71 L.Ed.2d 265 (1982).
. Magee v. Blue Ridge Prof'l Bldg. Co., 821 S.W.2d 839, 845 (Mo. banc 1991).
. Section 210.828.1, RSMo 1994.
. See e.g., Clark v. Jeter, 486 U.S. 456, 461, 108 S.Ct. 1910, 1914, 100 L.Ed.2d 465 (1988) (requiring laws classifying based upon illegitimacy to be "substantially related to an important governmental objective”).
Reference
- Full Case Name
- W.B. and T.B., as next friend for M.E.R. v. M.G.R.
- Cited By
- 11 cases
- Status
- Published