964 N.E.2d 950
Mass.2012Background
- Karen was born November 21, 2007; mother D.H. was married to another man at conception/birth and RR believed he was Karen’s father.
- Day after birth, mother and RR signed a voluntary acknowledgment of parentage; mother swore she was not married, RR acknowledged paternity.
- Karen’s birth certificate listed RR as the father.
- In September 2008, Probate and Family Court custody action named RR; a November 2008 judgment granted joint legal custody to D.H. and RR and sole physical custody to RR.
- Mother died July 27, 2009; husband filed divorce action (soon after); care and protection petition filed July 29, 2009; temporary custody to the Department of Children and Families.
- On August 7, 2009, husband signed an affidavit of denial of paternity and an adoption surrender; genetic testing later showed RR was not Karen’s biological father, leading to vacatur proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the acknowledgment never had legal effect can be vacated | RR: acknowledgment valid despite later testing. | Karen: acknowledgment never had effect due to marriage; proper to vacate. | Vacatur proper; acknowledgment never had force. |
| Whether RR may pursue paternity through equity after vacatur | RR may establish paternity via equity unless barred by statute. | Paternity action remains possible, but RR’s route requires equity petition. | RR may pursue paternity via new equity petition. |
| Whether lack of a best-interests finding invalidates vacatur | Best interests not determinative for vacatur when acknowledgment lacked force. | Best interests should be considered in related custody/guardianship outcomes. | Best-interests findings not required for vacatur here. |
Key Cases Cited
- P.B.C. v. D.H., 396 Mass. 68 (Mass. 1985) (extended common-law presumption of legitimacy to certain marital contexts)
- C.C. v. A.B., 406 Mass. 679 (Mass. 1990) (revised common law to conform with chapter 209C; standing and burden of proof for paternity)
- C.M. v. P.R., 420 Mass. 220 (Mass. 1995) (equity considerations for standing in paternity actions)
- Matter of Walter, 408 Mass. 584 (Mass. 1990) (purpose of chapter 209C to give out-of-wedlock children same opportunity for support and related rights)
- Hemmenway v. Towner, 1 Allen 209 (Mass. 1861) (presumption of legitimacy for children born in wedlock; origins of legitimacy doctrine)