This has got to be the Legal question of the year. And here's why.
Normally, I would say no, the statute of Limitations has run (In PA the statute of limitations is six years on paternity testing.) That stance would also be born out in the following:
http://www.dpg-law.com/opinions/pa-super/9902/6334-strayer.html
BARRY L. STRAYER,
Appellee
v.
JODY L. RYAN,
Appellant
No. 541 Harrisburg 1998
¶ 1 This is an appeal from an order granting a petition for DNA/blood tests to determine the paternity of a one and a half-year-old child. We affirm.
¶ 8 Unlike many cases wherein the paternity of a child is at issue, this case does not involve any presumptions concerning the identity of the child's father. Mother was not married when the child was conceived or born. Nor does this case involve questions of estoppel such as are raised in paternity cases where a man has held a child out as his own and supported the child and then attempts to deny his paternity or where a mother seeks and accepts support of a child from one man who she claims is the father and then seeks to establish that another is the child's father. See, e.g., Martin v. Martin, ___ Pa. Super. ___, 710 A.2d 61, 62-3 (1998) (reviewing principles of presumption of paternity and estoppel). Rather, this case presents a much more straightforward scenario.
¶ 9 As the trial court noted, although Mother has assiduously avoided admitting that appellee is the child's biological father, she could not recall having sexual relations with anyone else during the time of possible conception. In addition, she has not suggested that anyone else is the father, having left the father's name blank on the child's birth certificate. She has not sought or received child support from any other man.
From a simple reading of this case, there are two relevant points which either stregthen or weaken a case for paternity testing:
1. The length of time from birth to when the request to establish paternity is made, and;
2. The establishment of a familial relationship outside that of the contesting individual.
Point one in the above case happened within months of the birth of the child in question and point two was moot, since the mother's new boyfriend did not live with the mother and child and did not contribute to the support of the familial unit.
So, if the request to establish paternity is brought within a reasonable time and the request does not interfer with an already established familial relationship, on first reading yes, he may be able to petition the court for the test.
However, there is that pesky six year SOL on paternity testing.
Now let's look at this issue.
In Clark v. Jeter, 486 U.S. 456 (1988), Docket Number: 87-5565
Argued: April 19, 1988 Decided: June 6, 1988 the court found that although the statute of limitations had run on the petition for paternity testing, the strength of the petitioner's case lay not in the Statute of Limitations, but on the civil rights of the Illegitimate child.
"A Pennsylvania law required illegitimate children to prove paternity before seeking support from their fathers. The statute of limitations on suits seeking to establish paternity was six years from the birth of the illegitimate child. However, the state allowed legitimate children to seek support from their parents at any time. Cherlyn Clark sought child support from Gene Jeter, whom she claimed was the father of her daughter, Tiffany. "
The question before the court therefore was not the validity of the case since the statute of limitations had run, but Did the Pennsylvania law violate the Equal Protection Clause of the Fourteenth Amendment?
In it's opinion the court agreed with the defendent:
"The Court found that the statute violated the Constitution. Citing the test which the Court developed in Mills v. Habluetzel (1982) to evaluate equal protection challenges to statutes of limitations in paternity suits, Justice O'Connor held that the Pennsylvania law did not "provide a reasonable opportunity to assert a claim on behalf of an illegitimate child." Furthermore, since, in some circumstances, Pennsylvania permitted paternity suits involving illegitimate children to be initiated after six years, there was no reason why the law in question was necessary to deter the litigation of "stale or fraudulent claims," a legitimate state interest."
Therefore, after reading the above cases, yes, your husband can petition for a paternity test. However, depending on IF a familial relationship exists that would be interrupted, IF he is paying support and IF he is ready to follow through, he may be successful.
However, after this long, he will have to ask himself one moral question. "Am I doing this for the sake of the child or my own pride."
