Charles v. James

In a paternity proceeding respondent moves for dismissal prior to hearing.

The threshold questions confronting the court are twofold: one, the right of petitioner to a hearing in the absence of a completed blood-grouping test caused by petitioner’s failure to submit child for said test; and two, the right of petitioner to institute a paternity proceeding after the child had been legally adopted by" other persons.

The undisputed facts are these. An. out-of-wedlock child was born to petitioner on October 24, 1967. On January 15, 1968 petitioner commenced an action in the Family Court charging…