Eichman v. Eichman

I respectfully dissent. Res judicata does not bar appellant from seeking a paternity determination. The October 1979 *381action did not raise the issue of paternity, and was not required to do so.

Compelling is the fact that, in recent years, scientific advances have allowed greater accuracy in paternity testing. See Little v. Streater, 452 U. S. 1, 101 S. Ct. 2202, 68 L. Ed. (2d) 627 (1981); Matter of M.D.H., 437 N.E. (2d) 119 (Ind. App. 1982). Considering the due. process implications of a paternity finding, see Little v. Streater, 452 U. S. at 13, 101 S. Ct. at 2209, I would not make such a…