Davis v. LaBrec

Hunstein, Justice.

We granted petitioner Jonathon Davis’s petition for certiorari to determine whether the parental fitness or best interests of the child test applies to Davis’s petition to legitimate his biological child. Because we hold that the standard to be applied under the circumstances of this case is the best interests of the child test, we affirm the decision of the Court of Appeals.

Respondent Kevin LaBrec and Elizabeth Wolff had been involved in a personal relationship for approximately six years when Wolff gave birth to a child in 1995. LaBrec was present at the child’s birth and…