BARCELO v. BARCELO

No. A2424.

603 S.W.2d 276 (1980)

Gene Paul BARCELO, Appellant, v. Verna Joann BARCELO, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 30, 1980.


Attorney(s) appearing for the Case

Rachel Johnson, Smith & Johnson, Pasadena, for appellant.

Ray B. Pitchford, Houston, for appellee.

Before BROWN, C. J., and MILLER and PAUL PRESSLER, JJ.


MILLER, Justice.

In this appeal we affirm the trial court's decision that a husband who had undergone a vasectomy is the legitimate father of a child born during his marriage. Because of the state of the record, however, the case is not a fair test of the question of whether the presumption of legitimacy of a child born during marriage may be overcome by showing of a prior successful vasectomy, a question which apparently has not to this time been decided in Texas...

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