Gilpin v. Gilpin

John P. McGrath, Corporation Counsel (E. Madeline Arcese of counsel), for petitioner. Frederick Posses for respondent. After all, the husband did marry the mother even if he was deceived. When the child is born the respondent will have the privilege of a blood test to determine his parenthood. Since Karl Landsteiner's discovery of the four blood groups (1901) thousands of articles have been published on that subject. But a competent pathologist, however, will not perform the test on an infant less than one month old. The Court of Special Sessions of the City of New York accepts as final the positive result of a blood test excluding paternity around which the proper safeguards have been drawn. (N. Y. City Crim. Cts. Act, § 67; N. Y. City Dom. Rel. Ct. Act, § 34.) In this respect we differ from a finding in a recent California case involving a noted star. Sidney Schatkin on page 203 of his most admirable book on "Disputed Paternity Proceedings" (2d ed.) says of that verdict, "The Chaplin verdict is contrary to science, nature and truth." This court agrees with him. Respondent is directed to pay the sum of $150 for hospitalization and medical expenses in connection with the child's birth.