Estate of Cornelious

I respectfully dissent.

In In re Lisa R. (1975) 13 Cal.3d 636 [119 Cal.Rptr. 475, 532 P.2d 123], cert. den. sub nom., Porzuczek v. Towner, 421 U.S. 1014 [44 L.Ed.2d 682, 95 S.Ct. 2421], this court adopted a balancing test for review of due process challenges to a conclusive presumption of paternity. That test requires a case-by-case weighing of the state’s interests in maintaining the presumption against the competing private interests in rebutting it. (In re Lisa R., supra, 13 Cal.3d at pp. 648, 651, fn. 17.)

The majority assert that substantial state interests are promoted in this case by…