Figeroa v. Nazario

GATES, P.J.,

—The issue to be resolved is whether Section 4323(b) of the Pennsylvania Crimes Code1, providing a two year statute of limitations for paternity actions, is constitutional. Stated otherwise, in Fourteenth Amendment parlance, the issue presented is whether the Constitution permits an illegitimacy classification that denies children born out of wedlock the right to sue for paternal child support while imposing no such restriction on legitimate children, similarly situated, and without bearing relationship to an important state interest.

On May 12, 1981, plaintiff filed a complaint…