In the Interest of Smith v. Cornelius

STEPHENS, Justice.

The single question presented by this appeal is the constitutionality of section 13.01 of the Texas Family Code, as it existed from September 1, 1981, until June 19, 1983. During that period of time, TEX. FAM.CODE ANN. § 13.01 (Vernon Supp. 1982-1983) provided that a suit to establish the paternity of a child must be brought within four years of the birth of the child. We hold that section 13.01, of the Texas Family Code as it existed from September 1, 1981 until June 19, 1983 was unconstitutional. Accordingly, we reverse and remand.

Jo Van Smith filed suit in district court…