312 A.3d 1035
Vt.2024Background
- Amanda Booker (mother) gave birth to L.B. in March 2017 while married, which, under Vermont law, created a presumption that her husband was L.B.’s parent.
- The Vermont Parentage Act (VPA) sets a two-year statute of limitations for challenging presumed parentage (15C V.S.A. § 402).
- On October 5, 2021, the Office of Child Support (OCS) filed a parentage complaint—over four years after L.B.'s birth—on Booker's behalf, seeking to establish Cody Thomas as the biological father and to obtain child support.
- OCS conceded no statutory exceptions applied to the two-year rule but argued the case should proceed in the child’s best interests.
- Both the magistrate and the family division dismissed the complaint as untimely; OCS appealed to the Vermont Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2-year limit in § 402 strictly bars the action | The time limit should be flexible if in the child's best interest | The statute is clear—claims must be within 2 years | Court held § 402's language is clear and bars the claim |
| Whether a child’s best interest can override § 402 | The VPA’s purpose supports exceptions for best interests | No statutory exception for best interests exists | No implied exception for child’s best interest; only specified exceptions apply |
| Applicability of statutory exceptions in § 402(b) | None raised as applicable but argued a broader exception should exist | No statutory exception applies in these facts | No applicable exceptions in § 402(b); no relief granted |
| Whether reading the statute literally leads to irrational results | Strict interpretation produces unjust outcomes | Literal reading is consistent with legislative intent | Strict reading is reasonable to preserve finality and stability |
Key Cases Cited
- Leo v. Hillman, 164 Vt. 94 (1995) (limitations provision of prior parentage statute was a clear, determinable fact)
- Godin v. Godin, 168 Vt. 514 (1998) (finality in parentage actions serves children’s interests)
- Fairbanks, Morse & Co. v. Harvey, 114 Vt. 425 (1946) (narrow approach to implying statutory exceptions)
- Vt. Dev. Credit Corp. v. Kitchel, 149 Vt. 421 (1988) (same, statutory construction)