Legal Opinion · Concurrence

In re Adoption of Sunderhaus

Ohio Supreme Court

Decided February 26, 1992No. Nos. 90-2333 and 90-2334Published

1ConcurrenceHolmes, J.

My initial preference was to join the position of Justice Resnick in dissent; however, in review of the case law in this state, I have concluded that the common law did not afford a remedy to compel a putative father to contribute to the support of his illegitimate offspring.5 Furthermore, the law as announced by this state’s intermediate appellate courts has been to the effect that a reputed father of an illegitimate child is not legally and/or financially responsible for the maintenance of the child, unless there is a statute which imposes such a duty.6

Historically, it has been recognized…

2Cases cited5 opinions

  1. State Ex Rel. Beebe v. CowleyOhio Supreme Court · 1927
  2. Baugh v. CarverOhio Court of Appeals · 1981
  3. STATE Ex GRIFFIN v. ZIMMERMANOhio Court of Appeals · 1941
  4. State ex rel. Davis v. Brown, Court of Common Pleas of Ohio, Hamilton County1951
  5. In Re Adoption of TothOhio Court of Appeals · 1986

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