The state or any town interested in the support of a child born out of wedlock may, if the mother neglects to bring such petition, institute such proceedings against the person accused of begetting the child, and may take up and pursue any petition commenced by the mother for the maintenance of the child, if she fails to prosecute to final judgment. Such petition may be made by the Commissioner of Social Services or the town welfare administrator on information or belief. The mother of the child may be subpoenaed for testimony on the hearing of the petition.
Conn. Gen. Stat. ยง 46b-162
(February, 1965, P.A. 406, S. 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-560, S. 17, 39; P.A. 93-262, S. 69, 87.)
Annotations to former section 52-440a: Proof that the mother was examined in her travail unnecessary if selectmen sue. 1 D. 278. Her testimony also unnecessary; only one selectman need swear to the complaint. 6 C. 44. Necessary averments in declaration. 5 C. 424; 6 Conn. 44; 7 C. 289. The suit may be commenced by forthwith process. Id. The judgment cannot be for a weekly sum. 28 C. 444. Town may be third party beneficiary on bond given to mother. 128 C. 322. Order contemplated by Sec. 52-439a, this section and Sec. 52-442 is not only for the protection of the mother but also of the town. 143 C. 688. Saving public the burden of supporting an illegitimate child is not the primary purpose of proceedings. 146 Conn. 370. Cited. 165 Conn. 33. Cited. 20 CS 350; 35 CS 628. Where sole evidence of paternity was prior accusation of plaintiff which she repudiated in court, defendant’s motion for judgment notwithstanding verdict should be granted. 4 Conn. Cir. Ct. 326-329. Annotations to present section: Cited. 188 Conn. 354; 194 Conn. 52; 234 Conn. 51. Cited. 11 Conn.App. 548. Minor child who is subject of a paternity action is an indispensable party to that action. 78 CA 848.