Michael B. v. Superior Court

Opinion

HOPPER, J.

In this case we consider whether, in a civil paternity suit where an indigent defendant’s motion for blood tests has been granted, the trial court may properly refuse to grant the indigent’s motion to have the compensation of the expert conducting the tests paid initially by the county. We answer in the negative.

Susan B., an unmarried woman, became pregnant, subsequently giving birth to Amanda. At the time of conception (approximately Oct. 8-10, 1976), Susan was having sexual relations with petitioner and with W., an adult. On July 14, 1977, the district attorney filed a…