People Ex Rel. S.L.H. v. J.M.H.

I respectfully dissent.

I agree with the majority that the five-year statute of limitations in the 1967 act did not bar petitioner from bringing this action. I do not agree that petitioner’s action is barred by the UPA’s five-year statute of limitations.

When the 1967 act was in effect, a putative father had no statutory right to commence an action to establish either his paternity or his non-paternity. Only the child’s mother or guardian or the county department of social services were so authorized, and that right was limited to a proceeding to establish paternity. R. McG. v. J. W., 200 Colo.…