Straub v. B.M.T

645 N.E.2d 597 (1994)

Facts

P and D engaged in a romantic relationship and sexual relations. In December of that year, P informed D of her desire to have a child. D was a divorcee with five children from a previous marriage, and he expressed resistance to fathering another child. P threatened to end the relationship, however, unless he agreed to impregnate her. 


    To whom it may concern


    I Francine Todd in sound mind & forethought have decided not to marry but would like to have a baby of my own. To support financially & emotionally. I have approached several men who will not be held responsible financially or emotionally, who's [sic] names will be kept secret for life.


    Signed Francine E. Todd


Dec. 15, 1986.


P signed the statement. P became pregnant in March 1987 and gave birth that November. The birth certificate did not list anyone as the father. On January 7, 1991, P filed a petition asking the trial court to declare D the father and require him to pay child support and certain medical expenses. D moved to dismiss on grounds that the statute of limitations had expired. The trial court found D to be the father of the child and ordered him to pay support in the sum of $130 per week, arrearages of $20 per week and certain medical expenses. D appealed. The Court of Appeals affirmed. D appealed.