Friend v. Tesoro
2007 OK CIV APP 78, 167 P.3d 978 (2007)
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Rule of Law:
Under the Oklahoma Uniform Parentage Act, a man who resides with a child and holds the child out as his own for the first two years of the child's life is a 'presumed father.' Any proceeding to disprove his paternity must be commenced within two years of the child's birth, after which the presumption of paternity becomes conclusive and cannot be rebutted by genetic testing.
Facts:
- Mandy Tesoro gave birth to a child, N.F.T., on August 18, 1999.
- The child's birth certificate did not list a father.
- For the first two years of N.F.T.'s life, James Friend resided in the same household with the child and Tesoro.
- During this two-year period, Friend openly held N.F.T. out as his child.
- N.F.T. came to know Friend as her father.
- A DNA test later showed conclusively that Friend was not N.F.T.'s biological father.
- Tesoro alleged she was already pregnant with N.F.T. at the commencement of her relationship with Friend.
Procedural Posture:
- James Friend filed a petition to determine paternity of N.F.T. in an Oklahoma trial court on July 9, 2002.
- Mandy Tesoro, the child's mother, filed a motion to dismiss the petition, citing a DNA test that proved Friend was not the biological father.
- The trial court granted Tesoro's motion and issued an Order of Dismissal.
- James Friend (Appellant) appealed the trial court's dismissal to the Oklahoma Court of Civil Appeals.
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Issue:
Does the Oklahoma Uniform Parentage Act's two-year statute of limitations preclude a mother from challenging the paternity of a 'presumed father' who is not the biological father, when the challenge is initiated more than two years after the child's birth?
Opinions:
Majority - Hansen, J.
Yes. The Uniform Parentage Act's two-year statute of limitations bars a later challenge to the paternity of a presumed father. The Act establishes a presumption of paternity for a man who lives with a child and holds them out as his own for the first two years of life. Any legal action to disprove this established father-child relationship must be brought within two years of the child's birth. In this case, Friend qualifies as a presumed father under the Act, and the action to challenge his paternity was commenced after the two-year statutory period had expired. Therefore, Friend's presumption of paternity cannot be rebutted by the DNA evidence, and the trial court erred by relying exclusively on biological evidence instead of applying the controlling statute.
Analysis:
This decision solidifies the legal principle that, under the Uniform Parentage Act, a functional and established parent-child relationship can supersede biological reality. It prioritizes the stability and finality of parental status for the child's benefit, especially when a man has acted in a parental capacity during the child's formative first two years. The ruling establishes that the two-year statute of limitations for challenging a presumed father is a strict deadline, effectively making the presumption conclusive thereafter. This precedent will guide lower courts to look beyond mere genetic evidence and apply statutory presumptions that protect established family relationships.
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