Shepherd v. Shepherd

In a divorce action where paternity of an infant child is raised as an issue, may blood grouping tests of the parents and the child be introduced in evidence in order to rebut the presumption of legitimacy? The trial court denied plaintiff-husband’s petition for such tests and, on February 23, 1977, entered a judgment of divorce ordering plaintiff-husband to pay $30 per week for the child’s support. From that judgment, the husband appeals of right.

The parties were married December 11, 1971, and while still living together, one child, Eric, was born. The parties separated June 15, 1975, and,…