State Ex Rel. Department of Human Services v. Davis

OPINION

SOSA, Senior Justice.

The State brought this action pursuant to Section 40-5-7, N.M.S.A.1978, to have the respondent, Henry Davis, declared to be the legal father of Adriane Clay and to obtain payment for prior and future public assistance payments made on the child’s behalf by the Department of Human Services. After a hearing on respondent’s motion to dismiss, the district court dismissed the cause of action with prejudice on the ground that the common law doctrine of laches applied. The State appeals. We reverse the district court.

There is no time limitation on proceedings to enforce…