Commissioner of Social Services ex rel. Kathleen P. v. Jessie B.

OPINION OF THE COURT

Kathryn McDonald, J.

In this paternity proceeding, the deceptively simple question of who is to pay for a lab test presents myriad troublesome questions of statutory construction, public policy, and gender-based discrimination. The issue before the court is whether, pursuant to section 532 of the Family Court Act as recently amended (L 1981, ch 9), the respondent alleged father can be required to pay for the human leukocyte antigen (HLA) blood test requested by the petitioner, Commissioner of Social Services. The facts are largely uncontested; it is the statute itself which…