The presumption that a marital husband has custody of a non-biological child is valid under which constitutional privacy concept?

• A. Right to privacy
• B. Equal protection
• C. Fundamental right privacy
• D. Substantive due process

Answer: (C)

The situation touches the private realm of family life and parental autonomy—the right to raise one’s children. That privacy interest is considered fundamental and is protected under substantive due process. Because a state action or presumption about custody in a marriage intrudes on this deeply rooted family privacy, it is subject to strict scrutiny to show a compelling state interest and narrow tailoring. That’s why this is labeled as a fundamental right privacy: it captures the essential, highly protected privacy interest in family life. General right to privacy isn’t as precise here, and equal protection isn’t the central issue, while substantive due process is the mechanism by which such fundamental privacy rights are protected.