(1) The determination of paternity under the provisions of KRS 406.021(1) shall be commenced within eighteen (18) years after the birth, miscarriage or stillbirth of a child. However, in such cases, liability for child support shall not predate the initiation of action taken to determine paternity as set forth in KRS 406.021 if the action is taken two (2) years or more from the date of birth.
(2) Any person for whom paternity has not yet been established and who had not reached eighteen (18) years of age as of August 16, 1984, including those persons for whom a paternity action was brought but dismissed because a statute of limitations of less than eighteen (18) years was then in effect, may bring an action to establish paternity. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 47, sec. 4, effective June 29, 2021. -- Amended 1990 Ky. Acts ch. 418, sec. 15, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 487, sec. 17, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 379, sec. 6, effective July 13, 1984. -- Amended 1972 Ky. Acts ch. 159, sec. 3. -- Created 1964 Ky. Acts ch. 37, sec. 3.
Notes of Decisions
Cited in
16
cases, 1974–2008 · leading case:
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
· cites it 4× “011, and (b) by substituting for a four-year statute of limitations contained in the 1960 Uniform Act, the language of KRS 406.031. [Omitted portion discusses how legislature tried to remedy uncertainty in 1960 Uniform Act limitations provision through adoption of KRS 406.”
Kuprion v. Fitzgerald, 888 S.W.2d 679 (Ky. 1994).
· cites it 2× “("[W]e have no problem with the court's decision to not apply KRS 406.031 retroactively. However, the enactment of that statute does provide guidance in that it clearly evinces a legislative intent to limit liability .”
Alexander v. Commonwealth ex rel. Mills, 708 S.W.2d 102 (Ky. Ct. App. 1986).
· cites it 5× “Higgins, is adopted as the opinion of this Court as follows: “The Commonwealth of Kentucky, on behalf of the mother, has filed this appeal from a final judgment entered by the Jefferson District Court dismissing this paternity action as being barred by the statute of limitations…”
Commonwealth Ex Rel. Lepard v. Young, 666 S.W.2d 735 (Ky. 1983).
· cites it 4× “These actions present the sole and common question of the constitutionality of KRS 406.031, which imposes a limitation of three years on actions to determine paternity.”
Wigginton v. Commonwealth Ex Rel. Caldwell, 760 S.W.2d 885 (Ky. Ct. App. 1988).
· cites it 3× “As appellant has pointed out, the legislature has resolved this question in regard to cases decided after July 15, 1986, by the passage of KRS 406.031. That statute reads: The determination of paternity under the provisions of KRS 406.”
Wood v. Wingfield, 816 S.W.2d 899 (Ky. 1991).
· cites it 2× “Ellis , we decided only *901 that neither the time bar for a paternity action provided in KRS 406.031, nor the time bar in KRS 396.”
Ellis v. Ellis, 752 S.W.2d 781 (Ky. 1988).
· cites it 2× “Appellants first contend that appellee's claim is barred by KRS 406.031. This contention is wholly without merit as this statute merely places a time limitation upon the bringing of paternity actions for the purpose of establishing a duty of support during the minority of a…”
In Re Est. of Greenwood, 587 A.2d 749 (Pa. Super. Ct. 1991).
“Similarly, the Supreme Court of Kentucky refused to adopt the time limitation for support actions to preclude a claimant-adult from establishing his paternity and status as the decedent’s heir; the Kentucky Court held, as is germane herein: Appellants first contend that…”
Davis-Johnson ex rel. Davis v. Parmelee, 18 S.W.3d 347 (Ky. Ct. App. 1999).
· cites it 2× “This Court adopted the opinion of the lower court which provided, in part: In our changing society, the number of children being born out of wedlock is growing at an alarming rate.”
Ramirez v. Commonwealth ex rel. Brooks, 44 S.W.3d 800 (Ky. Ct. App. 2000).
· cites it 3× “In his motion to alter, amend or vacate the judgment, Ramirez argued that the district court had “imposed an unjust financial burden” upon him, that its judgment “destroyed the equitable purpose behind the 4-year limitation incorporated in [KRS 406.031],” and that he had no…”
Dep't of Econ. Sec. v. Shanklin, 514 S.W.2d 682 (Ky. Ct. App. 1974).
· cites it 3× “Kenneth Shanklin moved to dismiss the Department’s complaint on the basis that the action was barred by reason of the provisions of KRS 406.031. His motion was sustained. KRS 406.”
Locke v. Zollicoffer, 608 S.W.2d 54 (Ky. 1980).
· cites it 3× “uit Court of a similar proceeding on the ground that there was a failure to prosecute constitutes a *55 former adjudication of the pending action; (2) the Fayette Circuit Court should have refused to accept the affidavits of Lillie as substantive evidence and should have…”
— Ky. Rev. Stat. § 406.031(1) — 1 case
Ramirez v. Commonwealth ex rel. Brooks, 44 S.W.3d 800 (Ky. Ct. App. 2000).
“In his motion to alter, amend or vacate the judgment, Ramirez argued that the district court had “imposed an unjust financial burden” upon him, that its judgment “destroyed the equitable purpose behind the 4-year limitation incorporated in [KRS 406.031],” and that he had no…”
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