In the Interest of Miller

OPINION

SPURLOCK, Justice.

This is an appeal from a summary judgment granted defendant in a paternity action involving a constitutional challenge to the one year statute of limitations found in Tex.Family Code Ann. sec. 13.01 * (Supp. 1980). That statute is as follows: Time Limitation of Suit: “A suit to establish the parent-child relationship between a child who is not the legitimate child of a man and the child’s natural father by proof of paternity must be brought before the child is one year old, or the suit is barred.”

We reverse and remand.

Suit was brought by Brenda Miller, the natural…