Matter of Marriage of Hodge and Hodge

This is a domestic relations case in which the underlying question is the custody of a four-year-old child. The legal issue, as the parties have framed it for us, is whether the rule of ORS 109.070(1), which provides that the child of a wife cohabiting with her husband who is not sterile or impotent at the time of the child’s conception “shall be conclusively presumed to be the child of the husband,” can be applied to bar wife from showing, by blood test results, that a particular child conceived during the marriage is not the child of her husband. The trial court held, and the Court of…