Supreme Court Kills Six-Year Deadline for Paternity Suits

The Supreme Court today unanimously struck down a former Pennsylvania deadline allowing mothers of illegitimate children a maximum of six years to sue alleged fathers for child support.

“Six years does not necessarily provide a reasonable opportunity to assert a claim on behalf of an illegitimate child,” Justice Sandra Day O’Connor wrote for the court, which held that the deadline once imposed by Pennsylvania for paternity lawsuits was unconstitutional.

The justices in 1982 unanimously struck down a state law’s ban on paternity suits not filed within one year of the child’s birth. In 1983, the court unanimously struck down a two-year deadline for such suits.

That 1983 decision hinted that the court might frown on state laws preventing mothers from suing on behalf of any minor child--in effect condoning an 18-year deadline for paternity suits.

18-Year Deadline Hinted

Today’s decision again offered such hints, but the court stopped short of saying so explicitly.

On the issue of paternity suit deadlines, Congress called for such 18-year deadlines in the Child Support Enforcement Amendments of 1984, but the justices passed up the chance to rule whether the 1984 federal law is binding on the states.

Instead, the court ruled that Pennsylvania’s former six-year deadline violated constitutional rights of equal protection under the law because legitimate children may sue for parental support at any time.

The case involved in today’s ruling stemmed from the 1973 birth in Pittsburgh of Tiffany Clark.

99.3% Probability

Tiffany’s mother, Cherlyn Clark, sued Gene Jeter in 1983 after he stopped making voluntary, intermittent contributions to Tiffany’s support.

According to court documents, blood tests showed a 99.3% probability that Jeter was Tiffany’s father.

Jeter, defending himself against the paternity suit, cited the six-year statute of limitations then in effect for such suits.

While the litigation was pending, Pennsylvania changed the relevant statute of limitations to 18 years.

Other Court Action

In other action today, the high court:

--Ruled unanimously, in a Colorado case, that states may not prohibit groups from paying those who gather petition signatures necessary to place a referendum on state ballots.

--Decided unanimously in a case from Illinois that states may give protection to workers beyond that provided by federal labor law as long as it doesn’t force courts to interpret collective bargaining agreements.

--Agreed to decide whether railroads may require all employees involved in serious accidents to submit to drug-testing.

--Let stand the rape conviction of an Illinois man who wanted a judge to examine privately the conversations his victim had with rape crisis counselors.

--Refused, 6 to 3, to order states to give refunds to businesses when a state tax is invalidated as a violation of interstate commerce.