Vadas v. Sosnowski

Section 621 of the Evidence Code provides that "the issue of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage" absent rebuttal by certain specified means within two years of the childs birth. The sole issue before us is whether the trial courts application of this presumption was unconstitutional in this case. We conclude that it was, and accordingly reverse the trial courts order of paternity.