Cole v. Cole

328 S.E.2d 446, 74 N.C. App. 247 (1985)

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Nature of the Case

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Facts

In 1976, Cole (D) had a vasectomy. His sperm count was measured as zero later that year. His wife (P) gave birth to a child in 1982. The couple separated in 1983, and P brought a paternity action against D for child support. There was a 95% chance that D was the child's father, based on a blood test. However, a doctor testified that D had been sterile since 1976, so there was little chance of him fathering a child. The trial court held that D was the child's father, based on the blood test. D appealed.