Johnson v. Adams

479 N.E.2d 866, 18 Ohio St. 3d 48, 18 Ohio B. 83, 1985 Ohio LEXIS 393
CourtOhio Supreme Court
DecidedJune 26, 1985
DocketNo. 84-460
StatusPublished
Cited by16 cases

This text of 479 N.E.2d 866 (Johnson v. Adams) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Adams, 479 N.E.2d 866, 18 Ohio St. 3d 48, 18 Ohio B. 83, 1985 Ohio LEXIS 393 (Ohio 1985).

Opinion

Sweeney, J.

In the first opinion that it filed in the instant case, the Court of Appeals for Washington County expressly held that amended R.C. Chapter 3111, as effective on June 29, 1982, would be applicable on remand to the appellees’ cause of action. Later, in its opinion on reconsideration, the appellate court provided a different analysis and attempted to distinguish Hall v. Rosen, supra, so that the conclusive presumption of paternity set forth therein would not apply on remand to the instant case. Even under this new analysis, however, the court stated that “the [R.C.] Chapter 3111 provision which changes the irrebuttable presumption of paternity into a rebuttable presumptions [sic], in this limited sense, [is] retroactive.” Based upon this statement, the appellant raises the issue of whether amended R.C. Chapter 3111, as effective on June 29, 1982, has any applicability to the trial court’s grant of summary judgment, which was rendered for appellant in September 1981. We find that it does not.

A basic rule of statutory construction, as codified at R.C. 1.48, provides that “[a] statute is presumed to be prospective in its operation unless expressly made retrospective.” The legislation in this case, amending R.C. Chapter 3111, was enacted in 1982 upon passage of Am. Sub. H. B. No. 245. Section 3 of this bill provides that “[a]n action may be commenced pursuant to sections 3111.01 to 3111.19 of the Revised Code * * * to [50]*50establish the father and child relationship * * *, irrespective of whether a child is born prior to, or on or after, the effective date of this act.” In the sense that this section of Am. Sub. H.B. No. 245 makes amended R.C. Chapter 3111 applicable to causes of action accruing prior to its effective date, R.C. Chapter 3111 is “ expressly made retrospective.” However, such retrospectivity clearly does not allow the reversal, on appeal, of a judgment rendered prior to the June 29, 1982 effective date of amended R.C. Chapter 3111. To permit such a result in this case would cross the line between permissible “retrospectivity” and unconstitutional “retroactivity,”2 while inviting the legislature to become a super-judiciary with the power to reverse judgments previously rendered in specific cases. For these reasons, we hold that those sections of amended R.C. Chapter 3111 that became effective on or after June 29, 1982 have no application to paternity actions in which judgment was entered prior to that date.

The second issue presented herein is whether Hall v. Rosen, supra, and Miller v. Anderson (1885), 43 Ohio St. 473, which effectively establish a conclusive presumption of paternity in cases in which a man married a woman with knowledge that she is pregnant, should continue to serve as valid, binding precedent in those paternity cases that are not governed by amended R.C. Chapter 3111.

We start our analysis by noting that “ ‘[permanent irrebuttable presumptions have long been disfavored under the Due Process Clauses of the Fifth and Fourteenth Amendments,’ especially when they are ‘not necessarily or universally true in fact, and when the state has reasonable alternative means of making the crucial determination.’ ” Hall v. Rosen, supra, at 142 (Justice William B. Brown, dissenting, quoting Vlandis v. Kline [1973], 412 U.S. 411, 446 and 452). The conclusive presumption of paternity set forth in Hall and Miller deprives a child of support from its biological father, while imposing a duty of support upon another man who may have had no intention of accepting such a burden at the time that he married the child’s mother. In that this conclusive presumption cannot be said to be founded upon a “universal truth,” we continue our analysis with a critical eye towards the rationale behind the presumption.

The majority opinion in Hall offered two major bases for continued adherence to a conclusive presumption of paternity. The Hall majority focused primarily on the relationship between the child’s mother and the man that she married during her pregnancy and concluded that, by marrying the pregnant woman, “the husband has voluntarily assumed the [51]*51burden of supporting the child.” Id. at 139. We cannot reach the same conclusion so readily. As Justice William Brown noted in his dissent in Hall, “common sense dictates that a man’s temporary concern for an unwed mother does not necessarily include a permanent concern for the welfare of her offspring.” Id. at 142. This “common sense” approach prevents us, in the instant case, from transforming Riggle’s two-week relationship with a pregnant Carmen Johnson into a commitment to provide support for the first eighteen years of Christopher Johnson’s life.3 Intent cannot always readily be discerned from conduct; and, in light of this state’s statutory framework governing adoptions (which provides a specific vehicle for a man to clearly express his intent to adopt his wife’s children), we conclude that it is unwise to create an adoption by judicial fiat every time that a man marries a pregnant woman.

The second basis relied upon by the Hall majority for continued enforcement of a conclusive presumption of paternity was that “inherent evils.* * * [would] be aroused” by rejection of the presumption. Hall at 140. The most important “evil” sought to be prevented by the majority was the potential for “ ‘father-shopping,’ i.e., seeking support from the most successful of possible candidates.” Id. The majority feared that such paternity actions would “not only present the problem of the staleness of the evidence, but also the possibility of disrupting other established families by moral disparagement and suddenly increased financial responsibilities.” Id.

If, arguendo, “father shopping” was a substantial risk to be borne upon rejection of the conclusive presumption of paternity, this risk certainly has been minimized with the medical and legal acceptance of Human Leukocyte Antigen (“HLA”) tests (which are basically genetic comparison examinations). In the second paragraph of the syllabus in Owens v. Bell (1983), 6 Ohio St. 3d 46, we held that “HLA tests constitute relevant evidence to establish the probability of paternity.” Because these tests, when used in concert with traditional blood grouping tests, raise the probability of excluding non-fathers to at least ninety percent,4 there is little incentive for a mother to bring a paternity action unless she is relatively certain of the identity of her child’s father. Additionally, the accuracy of the HLA-blood-grouping test combination dramatically reduces the possibility that “stale” evidence might form the basis for judgment in a paternity action.

[52]*52With regard to the Hall majority’s concern that a biological father and his family might suffer “moral disparagement * * * [or] suddenly increased financial responsibilities” as a result of being ordered to provide support for his child, we make reference to amended R.C. Chapter 3111. As it now reads, R.C. Chapter 3111 reflects 'the public-policy concern that a child should not be made a “ward of the state” when some individual, other than the state, justifiably is responsible for that child’s welfare. By applying a rebuttable

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Cite This Page — Counsel Stack

Bluebook (online)
479 N.E.2d 866, 18 Ohio St. 3d 48, 18 Ohio B. 83, 1985 Ohio LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-adams-ohio-1985.