Deena Jenkins, Individually and on Behalf of Others Similarly Situated v. Charles M. Palmer, Director, Iowa Department of Human Services

FRIEDMAN, Senior Circuit Judge.

This case involves the validity of an Iowa requirement that in order to receive payments under the Federal Ad to Families with Dependent Children — Unemployed Parent program, the biological father of the child with which he is living must first establish his paternity in a judicial proceeding. We hold that, as applied in this case, the Iowa requirement was invalid.

I

A. The AFDC program was established under the Social Security Act in 1935 “to provide welfare payments where children are needy because of the death, absence, or incapacity of a parent.” Batterton v.…