Wb v. Mgr

955 S.W.2d 935, 1997 WL 731526
CourtSupreme Court of Missouri
DecidedNovember 25, 1997
Docket79835
StatusPublished

This text of 955 S.W.2d 935 (Wb v. Mgr) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wb v. Mgr, 955 S.W.2d 935, 1997 WL 731526 (Mo. 1997).

Opinion

955 S.W.2d 935 (1997)

W.B. and T.B., as next friend for M.E.R., Appellants,
v.
M.G.R., Respondent.

No. 79835.

Supreme Court of Missouri, En Banc.

November 25, 1997.

*936 William B. Beedie, Farmington, for Appellants.

Kathy Wolz, John P. Heisserer, Cape Girardeau, for Respondent.

WHITE, Judge.

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").[1] The circuit court dismissed the petition with prejudice on the ground that the suit was not timely brought under the Uniform Parentage Act, since it was initiated after the child's fifth birthday. Appellants contend that the statute, as currently constituted, provides a right of action and, alternatively, that barring this suit violates their constitutional rights. We find that Respondent had a vested right to be free from a challenge to his paternity on Daughter's fifth birthday, and that enforcing that right violates neither her rights nor those of Appellant. Accordingly, we affirm.

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.[2] Section 210.826 permits a man presumed to be a father under the act to bring an action to determine the existence or nonexistence of his parental relationship with a child.

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
*937 . . . .
(4) He acknowledges his paternity of the child in an affidavit, which 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, holding that Appellant could not file an action under subdivision (4) until the nonexistence of the relationship presumed by subdivision (1) had been established.[4] The court of appeals specified that the dismissal should have been without prejudice, since the suit was premature.[5] Appellants then instituted the present action seeking to declare the nonexistence of a paternal relationship between Respondent and Daughter. The trial court again dismissed, this time with prejudice, apparently concluding that such a suit was time barred under prior law.

The question presented is whether appellants may maintain a suit 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 relationship presumed under the act could only 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.[6] In 1993, when Daughter was nine years old, the legislature changed the act to remove the five year bar and to add as a possible plaintiff in such an action a man alleging himself to be the father of a child.[7]

Respondent argues that, once Daughter had reached her fifth birthday, his right to be free from a suit challenging his paternity 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,[8] this Court held that a law reviving a cause of action for which the statute of limitations had expired was a retrospective law prohibited by article I, section 13 of Missouri's Constitution. "Retrospective laws are generally defined as laws which `take away or impair rights acquired under existing laws....'"[9] In this case, the relevant statute vested a right to be free from suit in Respondent, specifying that an action challenging his paternity must be "brought within a reasonable time ..., but in no event later than five years after the child's birth."[10] On June 15, 1989, Respondent acquired, under the law as it then existed, a vested right to be free from a suit to challenge his paternity of Daughter. Accordingly, the current version of section 210.826.1, as applied to Respondent, is unconstitutionally retroactive, and the trial court properly dismissed the action on that ground.

Appellant's Constitutional Claims

Because he was never given an opportunity to establish his paternity of Daughter under the UPA, Appellant argues that it violates his 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 recognition of paternity. The United States Supreme Court examined this question extensively in Michael H. v. Gerald D.,[11] where the Court upheld a California law that presumed a child born during a marriage to be that of the husband, allowed only the husband and mother to challenge that presumption, and then only within two years of the child's birth. While the Court was sharply divided on whether biological paternity created any *938 protectable liberty interest, a majority of the justices found that it did not create a protectable interest in the legal status of fatherhood.[12] The Michael H. plurality explicitly holds that a man does not have any protectable interest in maintaining a paternal relationship with his biological child if the child is born into another's marriage.[13] Justice Stevens's concurrence leaves the door open for the possibility that such a biological relationship may create a liberty interest in something besides legal paternity, such as visitation.[14] Under either approach, Appellant's claim fails. Appellant, who is currently residing in the same household with Daughter, claims no interest, except a legal status matching their purported biological relationship, that is advanced by extinguishing Respondent's parental rights. Because it does not implicate a constitutionally protected liberty interest, the trial court's ruling does not deprive Appellant of due process.

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.

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W.B. ex rel. M.E.R. v. M.G.R.
955 S.W.2d 935 (Supreme Court of Missouri, 1997)

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Bluebook (online)
955 S.W.2d 935, 1997 WL 731526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wb-v-mgr-mo-1997.