By Steven K. Paulson
Associated Press

DENVER — A father has no right to challenge a paternity judgment, even if a DNA test can prove he is not the father, the state Supreme Court ruled Tuesday.

The court ruled in the case where a father, after seeing the child's photograph, moved to obtain genetic testing more than 11 years after he was declared to be the father.

The court ruled that a challenge to a paternity judgment on the basis of mistake of material fact must be brought within a six-month time limit.

The court cited the Colorado Children's Code governing genetic testing during paternity cases and the state's interest in safeguarding the welfare of children.

The man and child were identified only by their initials.

"This case requires us to decide whether a man, R.L.C., who has previously admitted paternity and been adjudicated the father of a child may, eleven years after the judgment has entered, obtain genetic tests that he believes will assist him in challenging that judgment of paternity. We conclude that he may not," noted Justice Michael Bender.

The trial court denied the motion for genetic tests, but the Court of Appeals reversed it, on grounds that Colorado law mandates that genetic tests be conducted upon the motion of the court or any interested party.

The appeals court also ruled there was a question of material fact.

The man stipulated in court he was the father and did not demand a blood test allowed by law.

Eleven years later, the mother sent the man a picture of the child, and he suspected the child was not his.

In Colorado, as in most states, courts rely on a 500-year-old English common-law doctrine which presumes a man is the legal father of any child born to his wife during their marriage. The law was designed to protect children because in medieval England, a child shown to be illegitimate would have virtually no rights.

The court said new technology that provides for DNA testing has created a quandary for the courts.

"We acknowledge that the results of this holding may sometimes, arguably, seem harsh or unfair. However, it would often be far more unfair to permit long-standing paternity judgments to be altered in such a manner as to leave children fatherless and without financial support," the court said.

Courts have upheld similar rulings in Ohio, Texas and Pennsylvania.

Barbara O'Brien, president of the Colorado Children's Campaign, which lobbies for children's issues, said that the court faced a difficult decision and that lawmakers may have to rethink state law.

"Kids need stability in their lives, and this country is trying to strengthen the role of the father. I feel sorry for fathers who feel betrayed, but I don't understand someone who suddenly wants to turn off their love for their children," she said.

"I think the bottom line is the childen, until we can figure out a better way to bring the law in line with science," she said.

May 29, 2002

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