Stitham v. Henderson

SAUFLEY, J., with whom ALEXANDER, J. and DANA, J., join,

concurring.

[¶ 19] I concur in the Court’s analysis and the result in this matter. I write separately to address the Court’s reference to the de facto parenthood of Henderson and the area of law that is emerging from the intersection of traditional social policies and modern biological testing abilities.

[¶ 20] For centuries, a child born during a marriage was considered the child of the parties to the marriage, regardless of contrary allegations of paternity. See Ventresco v. Bushey, 159 Me. 241, 191 A.2d 104, 106 (1963). As a matter of…