Boone v. State Ex Rel. Carter

Clarke, Justice.

This action arose when the Department of Human Resources brought an action against Mr. Boone seeking recovery of child support payments, alleging Boone to be the father of Daniel G. Carter. Boone denied paternity and this appeal raises a constitutional challenge to Code Ann. § 74-311 which governs the allocation of costs in a paternity action brought under Chapter 74-3.

This case puts in issue the question of whether the State can require a putative father to pay the costs of a blood test requested by the State for the purpose of determining paternity when no hearing has been…