Tierce v. Ellis - Presumption Of Paternity

In its deliberations, the court stressed that Alabama statute 26-17-5(a)(1) states that a child born within 300 days after the termination of a marriage is presumed to be the child of the husband in that marriage. Dennis Ray Tierce was born two months after the termination of the marriage. "[T]he presumption that the husband of the mother of a child born [or conceived] during marriage is the father of that child is often said to be one of the strongest presumptions know to the law," quoted Justice Houston in his opinion for the majority. The court further noted that the Alabama law required either clear and convincing evidence, or a judgment that established paternity by another man, before the presumption of paternity could be rebutted. Since the question of Dennis Ray Tierce's paternity had not been brought before the divorce court, the divorce did not destroy the usual presumption of paternity.

Because William Tierce had never brought the paternity matter to court and more than 20 years had elapsed, the court found that the rule of repose barred Sheila Ellis's claim. "The rule of repose does not depend on evidence of prejudice, nor does it depend on any statute of limitations," the court determined. The court stressed that the rule of repose "`operates as an absolute bar to claims that are unasserted for 20 years.'" William Tierce--had he been alive--would not have been permitted to bring a claim to bastardize Dennis Ray after this time, and the rule of repose similarly prevented his daughter from bringing such a claim.