Section 28.7 Nature of the Action

• Library: Family Law Deskbook and 2014 Supp

A. (§28.7) Nature of the Action

Originally, the legal action to determine parentage was an action at common law. Gomez v. Perez, 409 U.S. 535 (1973). The proper form of the action in Missouri was the declaratory judgment under § 527.010, RSMo 2000. K.D.R. v. D.E.S., 637 S.W.2d 691 (Mo. banc 1982). But in 1987, the Missouri legislature adopted the MoUPA (Missouri Uniform Parentage Act), §§ 210.817–210.852, now RSMo 2000 and 2011. The MoUPA establishes the procedures for determining a parent-child relationship.

A MoUPA action may be joined in other actions such as dissolution of marriage, separate maintenance, or child support enforcement “by separate document.” Section 210.829.1, RSMo 2000. Specific pleadings conforming to the provisions of the MoUPA are required to properly raise the issue of paternity in an action for dissolution of marriage. Piel v. Piel, 918 S.W.2d 373 (Mo. App. E.D. 1996).

An interesting example of joinder of a MoUPA action is found in Lochhaas v. Burnett, 77 S.W.3d 12 (Mo. App. E.D. 2002). In Lochhaas, the underlying action was for partition of real estate. Theresa Lochhaas and Joseph Burnett resided together and had three children together but never married. When they split up, Ms. Lochhaas filed a suit for partition of real estate that the couple had acquired. In this...