John M. v. Paula T.

WIEAND, Judge:

The principal issue in this appeal is whether a plaintiff who claims to be the biological father of a child born to a married woman can compel the mother’s husband, who is a party to the action, to submit to Human Leukocyte Antigen (HLA) testing to assist the court in determining paternity. In the instant case, the trial court refused to order such testing and determined, after hearing, that plaintiff had failed to overcome the presumption of legitimacy which attached to the child’s birth during coverture. From the dismissal of his complaint seeking to enforce visitation, the…