K.S. v. R.S.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Does Indiana law permit a man who claims to be the biological father of a child born during the marriage of the child's mother *401and another man to file a paternity action while the mother's marriage is still intact? We hold that it does.

Facts

K.S. (mother), the mother of three children, has been married to her husband since 1979. Mother bore all three children during the course of her marriage to husband. The youngest child, D.S., who was born on October 22, 1992, is the subject of this action.

While married to husband, mother and her neighbor engaged in…