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Family Law Keyed to Weisberg
Clark v. Jeter
Facts
On September 22, 1983 petitioner Cherlyn Clark filed a support complaint on behalf of her daughter, born out of wedlock on June 11, 1973. She named Gene Jeter, respondent, as her daughter’s father. Court ordered blood tests showed a 99.3% probability that Jeter was the father. Jeter moved to dismiss the complaint based on a Pennsylvania statute that set a six year statute of limitations for paternity actions. Petitioner claimed that the statute was unconstitutional under the Equal Protection and Due Process Clauses of the Constitution. The trial court upheld the statute of limitations, and during the appeal the legislature enacted a new eighteen year statute of limitations. The Superior Court concluded that the new statute did not apply retroactively, and affirmed the trial court’s decision that the original statute was constitutional.
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