Commonwealth ex rel. Rush v. Hatfield

OPINION

GUDGEL, Judge:

This matter is before us on discretionary review from an order of the Harlan Circuit Court affirming an order of the Harlan District Court which dismissed a paternity action filed by appellant Commonwealth of Kentucky, ex rel., Denise Ann Rush. The issue is whether the lower courts erred by concluding that the father of an illegitimate child, who lacked the statutorily-defined capacity to consent to sexual relations on the date the child was conceived, may not be adjudged liable in a civil paternity action for support of the child for the years subsequent to the date upon…