Ferguson v. McKiernan

EVANS, J.,

This unusual action arose when plaintiff filed for child support claiming that the defendant was the putative father of the twin boys plaintiff gave birth to on August 25, 1994. On February 7, 2000, defendant filed preliminary objections in the nature of a demurrer arguing that at the time the children were conceived, the plaintiff was married to her then husband, Paul S. Ferguson. Defendant also argued that Mr. Ferguson was named as the father on the birth certificates and that the plaintiff gave the children his last name, thus invoking the presumption that Mr. Ferguson was the…