State v. Fowler

In State v. Fowler, the North Carolina Supreme Court noted "there can be no doubt that a defendant's right to a blood test is a substantial right and that, upon defendant's motion, the court must order the test when it is possible to do so." 277 N.C. 305, 309, 177 S.E.2d 385, 387 (1970). Nevertheless, an exception to this rule arises when the issue of paternity has already been litigated, or when the father has acknowledged paternity in a sworn written statement. N.C. Gen. Stat. 110-132. In cases such as these, the individual questioning paternity is estopped from re-litigating the issue. Withrow v. Webb, 53 N.C. App. 67, 280 S.E.2d 22 (1981). In cases where the issue of paternity has not been litigated, however, or in cases where the alleged father has never admitted paternity, G.S. 8-50.1 controls and the request for a paternity test will be allowed.