COA: State had no authority to bring paternity action

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A trial court erred in ordering a southern Indiana teen to undergo genetic testing to establish paternity of a stillborn child, the Indiana Court of Appeals held Thursday. It found the state, which filed the petition for paternity on behalf of the mother, had no authority to bring the action because there were no custody or support issues to be determined.

In In re the Paternity of D.M.: J.W. v. C.M., 10A01-1306-JP-253, C.M. and her mother asked the Clark County Prosecutor’s Office for assistance in establishing paternity of D.M. C.M. gave birth at home to D.M., who was stillborn. C.M. indicated that she did not know that she was pregnant and did not have any prenatal care. She said J.W. was the father, which he denies.

C.M. assigned her rights to the state pursuant to an assignment for persons not receiving public assistance and Title IV-D of the Social Security Act. J.W. filed a motion to dismiss, arguing because of the circumstances of D.M.’s birth, there were no prenatal, birth or postnatal expenses to be reimbursed, nor was C.M. receiving services or assistance from the state which could be reimbursed.

The trial court, noting there is a “dearth of guidance by our appellate courts” in cases such as these, denied J.W.’s motion. The judge found J.W. should bear the cost of DNA testing if he chooses to do so.  

The Court of Appeals agreed there is a “dearth of guidance” on the particular point raised by this case, but disagreed with the decision to deny J.W.’s motion. In general, C.M., even though not receiving Title IV-D assistance, is allowed under state law to request the state’s assistance in pursuing a paternity action, and the state is authorized to do so.

But the purpose of Title IV-D and the Indiana Child Support program is to enforce support obligations owed to custodial parents and their children. Because J.W. would owe no support to D.M. even if his paternity was established, the state has no authority under the Indiana Child Support Program to bring this paternity action.

The prosecutor’s only interest in bringing a paternity action is to represent the child’s interests, but a stillborn child does not have any interests, the court held.

Paternity can still be established for a stillborn child, but just not in an action brought by the state. I.C. 31-14-4-1 provides a list of people or entities that may file a paternity action within two years of the child’s birth.

“Therefore, in an appropriate case, paternity of a stillborn child may be established for the purpose of recouping those costs,” Judge Margret Robb wrote.

 “Although we understand and sympathize with C.M. and her family and their wish to legally establish paternity for purposes of closure, respect, and learning the truth, these are not issues that the paternity statutes are intended to remedy,” she continued in a footnote.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.