Hall v. Rosen

By holding as a matter of law that men marrying women with the knowledge that they are pregnant by someone else agree to stand in loco parentis to the unborn offspring, the majority opinion endorses a conclusive presumption of paternity and deprives children conceived out of wedlock of a source of support from their natural fathers. Because I have serious reservations about the validity and consequences of the majority’s holding, I dissent.

I

To begin with, there is no correlation between .the results of the majority’s holding and the weight traditionally accorded the interests of those…