In Re White

Clarke, Justice.

This appeal is from an order setting aside a legitimation judgment. The trial court found the legitimation order to be null and void because it was based on a mistake and was against public policy. We affirm the trial court and in doing so agree with the finding of mistake but disagree with the finding of violation of public policy.

The petition for legitimation was filed by Jesse Julian White alleging the child to be illegitimate and that the petitioner was the father of the child. In response to this, the mother executed an affidavit of consent in which she identified White…