Sitler, S., Aplt. v. Jones, A.

Summary

Justice Donohue dissents from the majority’s multifactor test for rebutting the presumption of paternity, arguing that the General Assembly’s Uniform Act on Blood Tests makes the presumption rebuttable by scientific testing and that the trial court should be ordered to order genetic testing. He would vacate the lower court’s order and remand for the trial court to address Sitler’s challenge to the finding of paternity by estoppel. The dissent emphasizes legislative intent and the distinction between genetic parentage and custody rights.