Commonwealth Ex Rel. Yentzer v. Carpenter

Opinion by

Hoffman, J.,

The issue presented in the instant appeal is not novel. Once again this Court must determine whether a suit for support of an illegitimate child pursuant to the Civil Procedural Support Law1 can be maintained in the absence of a prior criminal determination of paternity,2 a waiver by the putative father of his right to have paternity determined in a criminal proceeding, or an admission of paternity.

The facts are not disputed. On January 22, 1974, appellee brought an action for support of an illegitimate child in which she named appellant as the father. Appellant denied…