Bartlett v. Commonwealth Ex Rel. Calloway

I dissent because blood test evidence indicating a mere probability of paternity is insufficient to rebut the presumption that a child conceived during marriage is a legitimate child of the husband.

It has been well established in Kentucky that a child possibly conceived during lawful wedlock is presumed to be the child of the husband and wife. Bradshaw v. Bradshaw, Ky., 295 S.W.2d 571 (1956). KRS 406.111.

Here the husband and wife were married in 1972 and separated in the latter part of 1974. The child was born on May 25, 1975. The evidence here as to the marriage relationship is conflicting.…