South Carolina Department of Social Services v. Flemming

Lewis, Chief Justice:

Appellant, as assignee of the support rights of a minor child, brought this action against respondent to establish paternity of the child and to enforce support. Respondent *16admitted sexual relations with the mother but asserted sterility as a defense. In the trial, the lower court admitted into evidence, over objection, a written statement by a doctor, not called as a witness, that he examined respondent in 1976 and, in his opinion, respondent was sterile. Upon the basis of this statement, the lower court concluded that respondent was sterile in 1972, when the child was…