September 2014 | 486 U.S. 456 (1988)

Clark v. Jeter (Federal, US Supreme Court, 1988)

A six year after birth limitation is not sufficiently long enough as to be held in in accordance with Mills v. Habluetzel, 456 U.S. 91 (1982). An illusory “One year after birth” limitation on bringing a paternity suit on behalf of an illegitimate child violates the equal protection clause. The period for ascertaining the fatherhood of the child must be sufficiently long to permit those who have an interest in the child to bring an action on their behalf despite the personal difficulties that may surround the birth of a child outside of wedlock. Also, the time limit set does not have a rational relationship to the state purpose of preventing fraudulent claims.

Clark v. Jeter.pdf

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