Allison v. Fulton-Dekalb Hospital Authority

Hill, Justice.

In February, 1975, Fulton-DeKalb Hospital Authority, operator of Grady Memorial Hospital, sued the defendant for hospital expenses incurred by his 16-year-old daughter the previous August during the birth of an illegitimate child.

The defendant answered with a general denial, but amended the answer more than four years later to include a constitutional challenge to Georgia’s paternal child support statute, Code § 74-105, under the rationale of Orr v. Orr, 440 U. S. 268 (99 SC 1102, 59 LE2d 306) (1979), decided shortly before by the United States Supreme Court.

The Georgia statute,…