P.J.W. v. D.A.H.

P.J.W., who has reached majority, seeks a determination that D.A.H. is his father. He also *125seeks from D.A.H. back child support from the time of his birth. Relying on Gerhardt v. Estate of Moore, 139 Wis. 2d 833, 407 N.W.2d 895 (1987),1 the trial court dismissed P.J.W.'s action on res judicata grounds, concluding that his action is barred by an illegitimacy settlement agreement under sec. 52.28, Stats. (1967).

Because D.A.H. denied paternity, P.J.W.'s paternity could not be determined under sec. 52.28, Stats. (1967). We therefore conclude that the illegitimacy settlement agreement does not bar…