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IN RE MELISSA G.

Docket No. H004943.

213 Cal.App.3d 1082 (1989)

261 Cal. Rptr. 894

In re MELISSA G., a Person Coming Under the Juvenile Court Law. DARDELL McFARLIN, as Director, etc., Plaintiff and Respondent, v. FERMIN G., Defendant and Respondent; FELIX DE L., Objector and Appellant.

Court of Appeals of California, Sixth District.

August 31, 1989.

Attorney(s) appearing for the Case

COUNSEL

Patricia L. Watkins for Objector and Appellant.

Ralph R. Kuchler, County Counsel, and William K. Rentz, Deputy County Counsel, for Plaintiff and Respondent.

Catherine C. Czar and Hovde, Worthington, Miller & Rudoni for Defendant and Respondent.

Patricia A. Grossman and Anna L. Ollinger for Minor.

OPINION

ELIA, J.

Section 621 of the Evidence Code provides that "the issue of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage" absent rebuttal by certain specified means within two years of the child's birth. (1) The sole issue before us is whether the trial court's application of this presumption was unconstitutional in this case. We conclude...

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