R.Mcg. And C.W. V. J.W. And W.W.
Colorado Supreme Court
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This appeal raises the question whether the Uniform Parentage Act (UPA), section 19-6-101 et seq., C.R.S. 1973 (1978 Repl. Vol. 8), by not expressly granting a claiming natural father the right to bring an action for a determination of his paternity of a child born during the marriage of the natural mother to another, violates equal protection of the laws under the federal and state constitutions and the equal rights amendment to the Colorado Constitution.*fn1 We hold that the claiming natural father is constitutionally entitled to bring this action and reverse the summary judgment denying him statutory capacity or standing to seek a determination of his paternity.