State Department of Public Welfare v. Martin

WALTER, Justice.

This is a summary judgment case. State Department of Public Welfare sought to establish paternity and support for an illegitimate child. The defendant, Carl Anson Martin, pleaded the one-year statute of limitations provided for in Texas Family Code, Section 13.01. The court sustained defendant’s motion for a summary judgment. The State has appealed.

The State contends the limitation statute, Section 13.01 of the Texas Family Code, should not apply retroactively.

Section 13.01 requires suits to establish the parent-child relationship between a child who is not the legitimate…