CoA: State had no authority to bring paternity action for stillborn baby

In what is an ultimately very sad case involving the stillborn birth of a baby to a barely teenage girl, the Court of Appeals found that neither the assignment of the matter to the State under Title IV-D of the Social Security Act or Indiana’s paternity statutes, provided an avenue for the State to bring an action to establish paternity. Here, the mother simply wanted to confirm who the father of her child was and was not seeking any other benefit or monetary amount.

Since Title IV-D’s purpose is to enforce support obligations and the paternity statutes are there to provide “proper care, maintenance, education, protection, support and opportunities” to the child, there was no interest or authority for the State to file an action for paternity. This did not mean, however, the mother could not do so on her own.

www.in.gov/judiciary/opinions/pdf/05081401mgr.pdf.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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