Keith Andrews v. Jarred Brandon Kinnett, et al.
DueProcess
Does a biological father have a right to notice of paternity before prescription or peremption extinguishes his right to avow paternity?
QUESTIONS PRESENTED 1. Does a biological father of the child of a married woman have a right to notice of his paternity before any prescription or peremption can extinguish his right to avow paternity? 2. Where the state opens the door to the biological father to petition for filiation of a child born of a married woman, and that father seizes the opportunity to exercise his parental duties and rights at the first opportunity, does the biological father become vested in a fundamental right to parent his child? 3. Should a married woman’s silence as to the suspected true paternity of her baby constitute bad faith deception of the biological father?