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Jenkins v. Mangano Corp.11/28/2000
benefits until her eighteenth birthday. However, no social security records were submitted into evidence and made part of the record.
I believe that the unsupported testimony of the purported daughter and her mother is insufficient to prove by clear and convincing evidence that Mr. Jenkins informally acknowledged Teresha as his daughter. Furthermore, LSA-C.C. art. 209(C) requires an illegitimate child to institute proceedings to establish filiation "within one year of the death of the alleged parent or within nineteen years of the child's birth, whichever first occurs." Thus, Teresha's claim has prescribed. In allowing defendants to assert filiation on Teresha's behalf, the majority has given defendants greater rights than she would have.
For the foregoing reasons, I respectfully dissent.
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