County of Lenoir Ex Rel. Cogdell v. Johnson

WELLS, Judge.

The sole question presented in this appeal concerns the constitutionality of the three-year statute of limitations set forth in G.S. 49-14(c)(l), which limits the time in which an action to establish the paternity of an illegitimate child must be commenced. Plaintiff argues that the statute violates the Equal Protection Clause of the Constitution of the United States in that no such statute of limitations is provided for a support action instituted on behalf of a legitimate child. G.S. 49-14 provides:

Civil action to establish paternity.—(a)The paternity of a child born out of…