Williams v. Williams
1956 La. LEXIS 1384, 87 So. 2d 707, 230 La. 1 (1956)
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Rule of Law:
Under Louisiana law, the legal presumption that the husband is the father of all children conceived during marriage is one of the strongest presumptions in law and can only be rebutted in the specific modes prescribed by the Civil Code, which do not include challenges based solely on blood grouping tests or general allegations of adultery without proof of physical impossibility of cohabitation.
Facts:
- Alghia Williams and Heredia Harrell Williams were married.
- Yolanda Williams was born on December 30, 1954.
- Alghia Williams claimed he and Heredia Harrell Williams were separated during the period Yolanda was conceived.
- Heredia Harrell Williams asserted that cohabitation between her and Alghia Williams continued until April 1954, less than nine months before Yolanda's birth.
- Alghia Williams offered evidence that Heredia Harrell Williams was seen in the company of other men in public places and on one occasion entering a hotel with another man.
- Heredia Harrell Williams denied any acts of adultery and contradicted the testimony about being seen with other men.
Procedural Posture:
- Alghia Williams filed a suit for divorce against his wife, Heredia Harrell Williams, on the ground of adultery.
- Alghia Williams filed another separate suit against Heredia Harrell Williams and Yolanda Williams, seeking the disavowal of Yolanda Williams, who was born during the alleged separation of Alghia and Heredia.
- The District Court consolidated both suits for trial.
- Prior to trial, Alghia Williams filed a motion asking the District Court to order Heredia Harrell Williams and Yolanda Williams to submit to a physical examination involving blood typing or blood grouping.
- The District Judge denied Alghia Williams' motion for a blood test order.
- The District Judge found no proof of adultery and accordingly dismissed both of Alghia Williams' suits.
- Alghia Williams appealed the judgments dismissing both suits to the Louisiana Supreme Court.
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Issue:
Does Louisiana Revised Statutes 13:3783, which allows for physical examinations when mental or physical condition is in controversy, authorize a court to compel a mother and child to submit to blood typing tests in a divorce and paternity disavowal action, where the husband alleges adultery but fails to prove it, and the presumption of paternity under Civil Code Article 184 is strongly applied?
Opinions:
Majority - Moise, Justice
No, Louisiana law does not authorize a court to order blood typing tests in such a situation because the statutory provisions governing paternity disavowal are very rigid, and the presumption of the husband's paternity is conclusive unless specifically rebutted by proving the physical impossibility of cohabitation, not merely adultery or blood test results. Justice Moise, writing for the majority, affirmed the District Court's dismissal of both suits. The court found that Alghia Williams failed to prove any acts of adultery, noting that his testimony about Heredia Harrell Williams being seen with other men was denied by her and insufficient to prove adultery as required. The court emphasized that Louisiana Civil Code Article 184 establishes a conclusive presumption that the husband is the father of children conceived during marriage, describing it as "the strongest presumption known in law." This presumption, the court reasoned, can only be rebutted in limited, specific cases, such as when the husband proves that "the remoteness of the husband from the wife has been such that cohabitation has been physically impossible" (Article 189). Citing Feazel v. Feazel, the court clarified that if the husband and wife live in the same city, this standard of remoteness is generally not met. The court explicitly stated that the restrictive provisions of the Civil Code dealing with the action en desaveu (disavowal) do not authorize such an action where it is based solely on blood grouping tests. Furthermore, a divorce action based on adultery requires proof of the time, place, and co-respondent, which Alghia Williams failed to provide. The court concluded that LSA-Revised Statutes 13:3783, which allows for physical examinations, does not override or authorize blood tests for paternity disavowal given the stringent and specific Civil Code articles governing paternity challenges. The court highlighted Louisiana's policy to protect innocent children born during marriage from "scandalous attacks upon their paternity."
Analysis:
This case significantly reinforces the robust legal policy in Louisiana aimed at protecting the legitimacy of children born within a marriage. By strictly interpreting the Civil Code provisions on paternity disavowal and refusing to permit the use of blood tests under general discovery statutes, the court establishes a high barrier for challenging paternity. This ruling prioritizes social stability and the welfare of children over purely biological evidence in many contexts, mandating that husbands seeking to disavow children must prove the physical impossibility of cohabitation rather than relying on unproven adultery or DNA, thereby substantially shaping family law cases concerning paternity disputes in Louisiana.
