Atkinson v. Hal

556 A.2d 651 (1989)

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Nature of the Case

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Facts

Atkinson (P) had had sexual relations with Hall (D) in September 1971. In January 1972, P married Marshall. In July 1972, P gave birth to Jay. Five to eight months later, P and Marshall divorced. All legal documentation pertaining to Jay's birth showed Marshall as his father. P brought suit against D in 1986, seeking child support. D was given a blood test showing 98.27% probability that he was Jay's father, which presumption is rebuttable only by clear and convincing evidence. However, paternity actions are also subject to a presumption, rebuttable only by proof beyond a reasonable doubt, that a child born during a marriage is the child of the mother's husband. At trial, P requested a jury instruction regarding the blood test presumption; D requested an instruction regarding the marital presumption. The lower court put both presumptions aside and instructed the jury that the mother had to prove her case by a preponderance of the evidence. The jury found that D was not Jay's father. P appeals.