Legal Opinion · Dissent

K.H. v. I.B.

Indiana Supreme Court

Decided April 3, 2014No. 34A02-1305-JP-401Published

1DissentDickson, C.J.

I respectfully dissent from the denial of transfer and would prefer for this Court to address whether DNA evidence should be required whenever a child may face the risk of losing the presumption of being the biological child of the birth mother’s husband.

Like most states, Indiana has long adhered to a strong presumption that a child, born of a woman during marriage, is also the biological child of the woman’s husband. See Ind.Code § 31-14-7-1(1) (2012) (stating that the presumption exists if the child is born during the marriage or up to “three hundred (300) days after the marriage is…

2Cases cited5 opinions

  1. Fairrow v. FairrowIndiana Supreme Court · 1990
  2. Buchanan v. BuchananIndiana Supreme Court · 1971
  3. L.F.R. v. R.A.R.Indiana Supreme Court · 1978
  4. Minton v. WeaverIndiana Court of Appeals · 1998
  5. Murdock v. MurdockIndiana Court of Appeals · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API