Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, February 21, 2018

Legal Father Can't Set Aside Paternity

From The Indiana Lawyer:

A legal father seeking to set aside paternity of his two non-biological children has lost his appeal to the Indiana Court of Appeals, which found the father failed to meet the legal requirements for paternity rescission.

After E.S.F. gave birth to B.M., B.S.M. signed a paternity affidavit for the child knowing he was not the biological father. He signed the same affidavit for O.M., though he suspected he also might not have been his biological father, either.  

Several years after the children were born, E.S.F. filed petitions to establish support of B.M. and O.M. based on the paternity affidavits. The Marion Circuit Court entered judgments of paternity and support, which B.S.M. moved to set aside under Indiana Trial Rule 60(B). He also moved for genetic testing of the children.

Read more here.

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