A.S. v. S.F.

A.S. (who will also be referred to as “the biological father”) appeals from a summary final judgment determining that A.F. was the legal father of M.F (“the child”). For purposes of the summary judgment hearing, A.F. stipulated that A.S. was the child’s biological father. Because there remains a disputed factual issue as to whether A.F. was the child’s “reputed father” at the time A.F. married the child’s mother, we reverse.

On June 29, 2004, S.F. (the mother) gave birth to the child. The mother was not married at the time of the child’s birth or at any time during her pregnancy. Prior to the…