Barcelo v. Barcelo

MILLER, Justice.

In this appeal we affirm the trial court’s decision that a husband who had undergone a vasectomy is the legitimate father of a child born during his marriage. Because of the state of the record, however, the case is not a fair test of the question of whether the presumption of legitimacy of a child born during marriage may be overcome by showing of a prior successful vasectomy, a question which apparently has not to this time been decided in Texas.

Appellant, Gene Paul Barcelo, and appel-lee Verna Joann Barcelo, were married March 23, 1976. A child was born to appel-lee…