In Re Adoption of Young

364 A.2d 1307, 469 Pa. 141, 1976 Pa. LEXIS 744
Supreme Court of Pennsylvania·Decided October 20, 1976·No. 137·Published·Cited by 46 cases

Opinions

OPINION OF THE COURT

JONES, Chief Justice.

The instant appeal brought by Judith (Young) Good-ling, the natural mother of Robert Dale Young, and her second husband, Robert E. Goodling, presents a most difficult and highly disturbing familial morass. Mrs. Good-ling appeals from the Decree of the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans’ Court Division, denying her petition seeking the involuntary termination of parental rights of Robert R. Young, wherein she alleges pursuant to Section 311(3) of the Adoption Act1 that Mr. Young, her first husband, “is [145] the presumptive but not the natural father of” Robert Dale Young. Mr. Goodling appeals from that same Decree which also denied his petition under Section 401 of the Adoption Act2 seeking to legally adopt Robert Dale Young.

Briefly, avoiding any detailed vagaries revealed on the record, appellant Judith Goodling and appellee Robert Young were married in 1966. During the period of this marriage, and prior to separation, the subject child, Robert Dale, was born; his birthdate being October 11, 1969. Mrs. Goodling testified 2a that during the month of January in 1969 she was having frequent sexual relations with appellant Robert E. Goodling and that during that same period, when it is approximated that conception occurred, she and appellee Young had sexual intercourse only once. The relevance of this testimony relates to Mrs. Goodling’s assertion that appellee Young is not the natural father of Robert Dale but rather that appellant Goodling, her present husband, fathered the child.

According to Mrs. Goodling’s own testimony, it was not until five months after the boy’s birth that she first verbalized her belief as to the true parentage of her son. At that same time, she separated from her first husband and began living with appellant Robert Goodling. Mr. Goodling was separated from his first wife as well. The youngster remained in the custody of his mother.

A private separation agreement between appellee and appellant Mrs. Goodling was entered into on August 13, 1971, wherein provision for the child’s support was set forth. At no time were any child support proceedings brought against Robert Goodling. Moreover, while the record reveals that the medical expenses relating to the [146] birth of Robert Dale were paid for by; Mr. Goodling, who at that time was appellee’s employer, the appellee signed a note in exchange for the money. Appellee testified that the loan was necessary as he did not carry any medical insurance. The loan has never been repaid however.

Appellee Young and appellant Mrs. Goodling were divorced in December of 1971. Mr. Goodling obtained a divorce from his first wife in April of 1973. Appellants were married to each other in May of 1973.

Appellee continued throughout to support Robert Dale pursuant to the August 1971 separation agreement and appellants accepted this money without any demonstrated hesitation until after their marriage. Appellee continued to send weekly support checks until June of 1974 when Mrs. Goodling returned to him, without explanation, one full year of support checks by mail.

One last incident is necessary to add to this saga; that is, in April of 1973, prior to Mr. Goodling’s divorce from his first wife, appellee Young filed a habeas corpus petition regarding custody of the youngster. Upon receiving notice of this action, Mrs. Goodling and the child moved out of Mr. Goodling’s house and went to live with her parents. The Cumberland County Common Pleas Court, Orphans’ Court Division, entered an Order dated April 4, 1973, awarding custody of the child to his mother with temporary custody and visitation rights in Robert Young.3

I. Petition Seeking the Involuntary Termination of Parental Rights in Robert R. Young

Appellant Judith (Young) Goodling’s petition under Section 311(3) of the Adoption Act, supra, fails in that the facts as proven on the record are insufficient to establish that appellee “is the presumptive but not the [147] natural father of” Robert Dale Young. Mrs. Goodling had petitioned the court below to order appellee to submit to the taking of blood grouping tests along with the child and both appellants. That court correctly refused to make such an order on the ground that the doctrine of estoppel bars Mrs. Goodling’s present action questioning the paternity of her son.

Pennsylvania has enacted the “Uniform Act on Blood Tests to Determine Paternity,” Act of 1961, July 13, P.L. 587, § 1 et seq.; 28 P.S. § 307.1 et seq., in the belief that such tests, which make possible a scientifically reliable determination excluding paternity, may be helpful in those actions “in which paternity . . . is a relevant fact, . . . ”4

Prior legislation in Pennsylvania granting the authority for court-ordered submission to blood grouping tests was held applicable only to bastardy proceedings. See Act of 1951, May 24, P.L. 402, § 1; 28 P.S. § 306; Commonwealth ex rel. O’Brien v. O’Brien, 390 Pa. 551, 136 A.2d 451 (1957). Whereas the 1951 Act spoke in terms of proceedings “to establish paternity,” however the 1961 Uniform Act makes reference to use of blood tests in actions in which “paternity is a relevant fact.” In Commonwealth ex rel. Goldman v. Goldman, 199 Pa. Super. 274, 184 A.2d 351 (1962), the Superior Court held that the Act’s new language extended the evidentiary use of blood tests to child support proceedings where the minor child was born during wedlock. It cannot be doubted that the instant action before us today is also one in [148] which “paternity is a relevant fact” and therefore that the 1961 Uniform Act is applicable.

The right to question paternity is not unlimited however. The Superior Court first articulated the notion of restricting a party’s right to request blood grouping tests under the 1961 Uniform Act in order to exclude the possibility of paternity in Commonwealth ex rel. Goldman v. Goldman, supra. Petitioner-wife had filed an action against her estranged husband in Goldman seeking support for herself and her three minor children born during wedlock. The defendant’s response was to deny paternity of the two younger children and to request a court order requiring the parties to submit to blood grouping tests. While the Superior Court affirmed the lower court’s authorization of the blood tests in that particular case, Judge Woodside’s majority opinion noted the appropriateness of invoking the doctrine of estoppel against a husband who “has accepted his wife’s child and held it out as his own over a period of time, . . .” 199 Pa.Super. at 283, 184 A.2d at 355.4a

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In Re Adoption of Young, 364 A.2d 1307, 469 Pa. 141, 1976 Pa. LEXIS 744 (Pa. 1976).

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