by Sarah Van Voorhis and Ariel Sosna
This time the drama involves Kourtney and her baby-daddy, Scott Disick. Usually the rumors surrounding these two involve allegations of Scott’s infidelity, but that is not the case now. In Touch magazine recently reported that a male model is claiming that he, not Scott, is the biological father of Kourtney’s 3-year-old son, Mason. The model claims that while Kourtney and Scott were on a break in March of 2009, he and Kourtney had a third-date bedroom encounter. He also claims Kourtney stopped communicating with him after their rendezvous and soon reconciled with Scott.
Nine months later, in December 2009, Mason was born. Since Mason’s birth, Scott and Kourtney have raised the child together. The model is now publicly requesting that Mason undergo DNA testing. Pursuant to the Uniform Parentage Act, that is as far as he will get in pursuing his claim.
The legal question regarding the model’s request is really one of standing—does he have the legal right to make this request? First, Family Code § 7541 creates a two-year period following a child’s birth within which a putative biological father can bring a motion for blood tests. Section 7541(b). But to even make that request, that person must also qualify as a presumed father under Family Code §§ 7611-7612. Because the model neither married nor attempted to marry Kourtney in accordance with the law, he would only qualify as a presumed father either by signing a voluntary declaration of paternity (Family Code §§ 7540-7541) or if he “received the child into his home and openly holds out the child as his natural child” (Family Code §7611(d)). Not only did the model miss his two-year window to make the request, he also did not meet the criteria to be a presumed father, since he acknowledges he has not had a relationship with Mason.
This appears to be nothing more than his attempt to “Kash” in on the Kardashian fame.
About the authors:
Sarah Van Voorhis, a Certified Family Law Specialist, and Ariel Sosna are founding partners of Van Voorhis & Sosna.