The DNA Paternity Test: Legislating the Future Paternity Action

Holding that a mother was not entitled to pursue a paternity action after a child\u27s 18th birthday; however, had the mother established paternity prior to the child\u27s 18th birthday, or the child had independently established the same, the mother or the child would have been entitled to seek child support from the alleged father of the destitute adult child.

The DNA Paternity Test: Legislating the Future Paternity Action

The fact-specific holding “Summary judgment declaring defendant\u27s paternity was improperly granted because a statutory conclusive presumption of paternity where scientific probability of paternity was 99 percent or greater violated defendant\u27s right to due process of law.

The DNA Paternity Test: Legislating the Future Paternity Action

The fact-specific holding “In an action for child support, summary judgment in favor of a mother was erroneous because blood tests were not conclusive evidence of the father\u27s paternity, but were only one factor in the totality ofthe evidence presented on the question.

The DNA Paternity Test: Legislating the Future Paternity Action

The fact-specific holding“It was an abuse of discretion to order the destruction of decedent\u27s sperm without first determining the validity of his will and his contract with the sperm bank, both of which contained instructions regarding his vials of sperm.

The DNA Paternity Test: Legislating the Future Paternity Action

Barring a mother from relitigating the issue of paternity four years after a divorce decree deciding child custody matters

The DNA Paternity Test: Legislating the Future Paternity Action

The fact-specific holding“It was an abuse of discretion to order the destruction of decedent\u27s sperm without first determining the validity of his will and his contract with the sperm bank, both of which contained instructions regarding his vials of sperm.

The DNA Paternity Test: Legislating the Future Paternity Action

Holding that [i]n a paternity action, summary judgment was properly precluded because the man claimed that he never had sex with the mother. A new trial was required because a charge that he was rebuttably presumed to be the father based on blood tests was denied.

The DNA Paternity Test: Legislating the Future Paternity Action

Holding that [i]n a paternity action, summary judgment was properly precluded because the man claimed that he never had sex with the mother. A new trial was required because a charge that he was rebuttably presumed to be the father based on blood tests was denied.