Dunbar v. Hogan

Opinion

COLEMAN, J.

In this domestic relations appeal, we hold that a sworn Declaration of Paternity, although it “ha[s]. . . the same legal effect as a judgment entered pursuant to Code § 20-49.8,” 1 is not res judicata of paternity, nor does it collaterally estop a party in interest from adjudicating the issue of paternity, where no previous judicial determination of paternity has been made.

On August 8, 1990, Scottie Dunbar signed a Declaration of Paternity acknowledging under oath that he is the father of a female child bom out of wedlock on June 24, 1980, to Dorothy Hogan. Three *656months…