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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.