Verneuille v. Verneuille
438 So. 2d 615 (1983)
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Rule of Law:
Under Louisiana Civil Code Article 188, a man who marries a woman with knowledge of her pregnancy is conclusively presumed to be the father of the child born from that pregnancy and is statutorily barred from bringing an action to disavow paternity.
Facts:
- Danny Ray Verneuille and Vanessa Seube were not having sexual intercourse during the period in which her child, Christopher, was conceived.
- Vanessa Seube represented to Danny Ray Verneuille that the child she was carrying was his.
- Believing he was the father, Verneuille married Seube on October 11, 1980, knowing she was pregnant at the time.
- Verneuille and Seube lived together as husband and wife following the wedding ceremony.
- Christopher was born on December 26, 1980, seventy-six days after the marriage.
- On the day of Christopher's birth, Verneuille learned that he was not the biological father.
- Upon learning he was not the father, Verneuille immediately left the matrimonial domicile and ceased cohabiting with Seube.
Procedural Posture:
- Plaintiff Danny Ray Verneuille filed a lawsuit against his wife, Vanessa Seube Verneuille, and the minor child in a Louisiana trial court.
- The suit sought to disavow paternity (action en desaveu), annul the marriage for fraud and mistake, and, alternatively, to secure a separation.
- Verneuille's petition included a motion to compel all parties to submit to blood tests.
- The defendants filed exceptions of no cause and no right of action to all of the plaintiff's claims.
- The trial court sustained the defendants' exceptions and dismissed the plaintiff's entire case, including the motion for blood tests.
- The plaintiff, as appellant, appealed the trial court's dismissal to the Court of Appeal of Louisiana, Fourth Circuit.
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Issue:
Does Louisiana law permit a husband to disavow paternity of a child born during the marriage when he knew his wife was pregnant at the time they married, but alleges he was fraudulently induced into believing he was the biological father?
Opinions:
Majority - Augustine, Judge
No. A husband who marries a woman knowing she is pregnant cannot disavow paternity of the child born from that pregnancy. The court reasoned that Louisiana Civil Code Article 188 establishes a conclusive, irrebuttable presumption of paternity in such circumstances. The statute explicitly states that a man who marries a pregnant woman, knowing she is pregnant, cannot disavow paternity. This rule bars the husband from presenting any rebuttal evidence, including blood tests, as he falls into a class of husbands from whom the law will not receive such evidence. The court also dismissed the action for annulment based on fraud, reaffirming Louisiana jurisprudence that a 'mistake respecting the person' is limited to mistakes of physical identity, not qualities or character, such as deceit about paternity. Lastly, the claim was also barred because the couple cohabited after marriage, which under Article 111, ratifies the marriage and makes an application for annulment inadmissible.
Analysis:
This case illustrates the paramount importance Louisiana law places on the legitimacy of children and the stability of the family unit, even at the expense of biological truth and fairness to a deceived spouse. The court's strict application of Civil Code Article 188 reinforces that certain legal presumptions are conclusive and will override contrary factual evidence, including scientific proof like blood tests. This decision confirms the narrow interpretation of grounds for annulment, limiting 'mistake' to physical identity and preventing claims of fraud regarding paternity from voiding a marriage. It serves as a strong precedent that the act of knowingly marrying a pregnant woman is a legal acceptance of paternity, with virtually no exceptions.
