Amy G. v. M.W.
Court of Appeal of California
142 Cal. App. 4th 1 (2006)
Relevant factsFree
Kim (plaintiff) gave birth to Nathan after an affair with Father (defendant), who was married to Amy (defendant); Kim initially signed away her parental rights so Amy could adopt Nathan, but later sought custody, and Amy separately sued to be declared Nathan's legal mother, with both Amy and Father agreeing Kim was the biological mother.
IssueFree
Whether, if a birth mother promptly comes forward to assert her legal maternity and the child's father is undisputed and present in the action, the father's spouse may be adjudicated as the child's natural or presumed mother.