NOTE: CUTCHEMBER v. PAYNE : APPROACHING PERFECTION IN PATERNITY TESTING. Skip over navigation
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Copyright (c) 1984 The Catholic University Law Review
Catholic University Law Review

NOTE: CUTCHEMBER v. PAYNE: APPROACHING PERFECTION IN PATERNITY TESTING.

FALL, 1984

Catholic University Law Review

34 Cath. U.L. Rev. 227

Author

Kevin L. Petrasic

Excerpt

The plight of the illegitimate child has effected a multitude of court decisions and legislative responses over the years. 1 Much of the case law has resulted from paternity disputes to recover support payments for the child. 2 Several factors are relevant in determining whether an award of support should be granted. There are a number of judicially created presumptions and standards of proof that may determine the outcome of a paternity dispute. 3 In addition, various issues pertaining to the admission of evidence are unique in the paternity context. 4

The most difficult issue arising in paternity litigation is the actual proof or disproof of paternity. 5 The burden of proof in establishing paternity varies according to whether the proceeding is criminal or civil in nature. 6 In a civil proceeding, the plaintiff must demonstrate by a preponderance of the admissible evidence that the defendant is the actual father of the child. 7 In a criminal proceeding, the state must show beyond a reasonable doubt that the accused defendant is the father of the child. 8

One of the most useful, yet controversial, evidentiary tools in resolving the issue of paternity is a blood test administered to the mother, child, and putative father. 9 Every person's blood may be classified according to a number of qualities that are genetically determined by characteristics of their parents' blood. 10 There are numerous systems for classifying blood. 11 Each person's blood possesses a particular type in each of ...
 
 
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