State Ex Rel. Lyons v. De Valk

The only issue raised by this appeal is whether in a paternity action where the defendant has made a timely request for blood tests of the parties and the child, and the mother has terminated her parental rights to the child without notice to the defendant, the failure of the complainant to appear with the child for the blood tests was a denial of due process of law to the defendant, and thus grounds for dismissal of the action on the merits.

Paternity actions are special civil proceedings and are purely statutory in origin. 2 Thus they must be carried on in the manner fixed by the…