Department of Social Services Ex Rel. Wolf v. McCarty

I concur on Issue I because the trial court erred in refusing to allow evidence of McCarty’s sterility. Therefore, I see no need to discuss the Frye test or DNA testing. See Daubert, — U.S. -, 113 S.Ct. 2786, 125 L.Ed.2d 469 (discarding the Frye test which was superseded by the adoption of the Federal Rules of Evidence).* I would not reach Issue II on attorney fees.

No purpose is served in having a trial on paternity if the defendant can not show evidence of sterility. The Mother identified three men as possible fathers. McCarty *149could not be excluded as the biological father because the…