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In the Matter of the Marriage of M.C. and R.S.

The trial court abused its discretion in excluding evidence relevant to the issues of consent to or ratification of assisted conception.

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Appellant Mona C. appeals from a divorce decree which established the parent-child relationship between appellee Randall S. and two children born during the marriage between Mona and Randall. Mona urges via four issues that the trial court erred in refusing to allow her to present evidence contesting Randall’s claim of parental status to the two children. We reverse and remand.

I. BACKGROUND

On July 4, 1999, Mona and Randall were married. They ceased living together as husband and wife in December, 1999. On January 28, 2000, Mona gave birth to twin boys. On February 1, 2000, she filed a petition for divorce. In the petition Mona denied that Randall was the father of the twins. Randall filed an answer, counterclaimed for divorce, included a suit affecting the parent-child relationship and claimed that Mona and he “are the parents of the following [children] of the marriage . . .,” naming the twin boys. Mona’s trial pleading contained a statement expressly denying that Randall was the father of the children and attached copies of DNA Parentage Test Reports which showed the probability of Randall being the father of either child as zero percent.

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