S v. v. Estate of Bellamy

SULLIVAN, Judge.

S.V., on behalf of her child who was born subsequent to the commencement of this action, appeals from the dismissal of her Complaint for Paternity filed against the estate of James Bellamy and which alleged that James Bellamy (Bellamy), deceased, was the unborn child's father.

We reverse.

S.V. argues that the trial court erred when it held that the petition to establish paternity was time-barred; or, in the alternative, that I.C. 29-1-2-7(b) (Burns Code Ed.1989), the statute which sets forth the limitation period, if construed so as to time-bar her petition, is unconstitutional…