Lyndaker v. Zehr

OPINION OF THE COURT

John S. Parker, J.

The petitioner in this paternity proceeding alleges that respondent is the father of her child born on February 4, 1987. The child died on the same day of its birth. Following respondent’s initial appearance on June 10, 1987 before the Hearing Examiner, and his denial of the allegations, the *806matter was referred to this court for determination of the issue of support and paternity.

Respondent now moves this court for dismissal of the petition on the grounds that he has an unqualified right to a blood test and, as the child is deceased, such test cannot be…