Michael H. v. Gerald D. (1988)
- Docket
- 87-746
- Decided
- 1988-01-01
Summary
Question: Does Cal. Evid. Code 621 violate the Due Process Clause by denying a possible biological father the chance to establish his paternity of a child after two years have passed since the child's birth? Conclusion: No. Justice Antonin Scalia delivered the judgment for a 5-4 court. Based on its analysis of common-law tradition, the plurality opinion found that a possible biological father does not have a fundamental right to obtain parental rights after the presumptive father has exercised significant responsibility over the child. Therefore due process protection does not apply. Code 621 was based on common-law precedent which showed "an aversion to declaring children illegitimate" and supported "the interest in promoting the 'peace and tranquility of States and families.'" Restricting Michael's parental rights achieved this by granting Gerald the sole responsibility to play the role of Victoria's father.