In 1980, appellant filed a paternity and child support petition
in a Pennsylvania court on behalf of her 7-year-old daughter, who
had been born out of wedlock, alleging that appellee was the
natural father and had ceased making contributions to the
daughter's support in 1975. The court held that the action was
barred under the state statute of limitations, which then required
that paternity actions be commenced within six years of the child's
birth or within two years of the putative father's last voluntary
support contribution or written acknowledgment of paternity.
Appellant's contention that the statute violated the Equal
Protection Clause of the Fourteenth Amendment was rejected. The
Pennsylvania Superior Court affirmed.
Held: The judgment below is vacated, and the case is
remanded for further consideration in light of Pennsylvania's
intervening enactment of a new statute providing that a paternity
action may be commenced at any time within 18 years of the child's
birth. Appellee conceded that he was subject to the new statute and
would be liable for child support from the date paternity was
established, but he contended that he would not be liable for
support payments dating back to when the petition was filed in
1980. If the Pennsylvania court were to interpret the new statute
to require payments dating back to 1980, the constitutionality of
the 6-year statute of limitations would be irrelevant.
334 Pa.Super. 585,
483
A.2d 892, vacated and remanded.
Page 475 U. S. 558
PER CURIAM.
On February 17, 1980, appellant Barbara Paulussen filed a
paternity and child support petition in a Bucks County,
Pennsylvania, court on behalf of her daughter, who was then seven
years old. The petition alleged that the daughter had been born out
of wedlock, that appellee George Herion was her natural father, and
that he had ceased making contributions to her support in April,
1975. Appellee offered as a defense the time bar of the
Pennsylvania statute of limitations, which at the time required
that paternity actions be commenced within six years of the child's
birth or within two years of the putative father's last voluntary
support contribution or written acknowledgment of paternity. 42
Pa.Cons.Stat.Ann., § 6704(e) (Purdon 1982) (repealed). The
defense was sustained against appellant's contention that the
statute violated the Equal Protection Clause of the Fourteenth
Amendment to the Federal Constitution. The Superior Court affirmed,
334 Pa.Super. 585,
483
A.2d 892 (1985), and the Supreme Court of Pennsylvania denied
discretionary review. Appellant sought appeal in this Court, and,
on October 15, 1985, we noted probable jurisdiction. 474 U.S. 899
(1985).
On October 30, 1985, Pennsylvania enacted 1985 Pa. Laws, Act No.
66, to be codified as 23 Pa.Cons.Stat.Ann. § 4343(b), which
provides that a child born out of wedlock may commence a paternity
action at any time within 18 years of birth. Appellee now concedes
that he is subject to § 4343(b), and that, upon a showing of
paternity, he would be liable for child support payments from the
date paternity was established. Brief for Appellee 5. He contends,
however, that, even on such a showing, he would not be liable for
payments dating back to the date the initial petition was filed in
1980.
Our examination of Pennsylvania law leaves us uncertain as to
the legal consequences of the enactment of the new 18-year statute
of limitations. If, however, Pennsylvania were
Page 475 U. S. 559
to interpret § 4343(b) to require support payments dating
back to the filing of the original petition, the constitutionality
of the 6-year statute of limitations would be irrelevant. Because
Pennsylvania should have an opportunity in the first instance to
resolve this issue of state law, and because we are reluctant to
address a federal constitutional question until it is clearly
necessary to do so, we vacate the judgment below and remand for
further consideration in light of the intervening change in state
law.
It is so ordered.
