DERRIK J. MCLAREN
CARLENA O. FOSTER, ET AL.
FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
258, 336 HONORABLE GEORGE C. METOYER JR., DISTRICT JUDGE
Richard Kutch COUNSEL FOR DEFENDANTS/APPELLANTS: Adam Callin
McLaren and Karly Marie McLaren
Alan Murry COUNSEL FOR PLAINTIFF/APPELLEE: Derrik J. McLaren
Landry Attorney General Jeffrey M. Wale Assistant Attorney
General COUNSEL FOR AMICUS CURIAE: Attorney General for the
State of Louisiana
composed of Billy Howard Ezell, Shannon J. Gremillion, and D.
Kent Savoie, Judges.
KENT SAVOIE JUDGE
minor children, Adam Callin McLaren and Karly Marie McLaren
appeal the judgment of the trial court denying their: (1)
request to declare La.Civ.Code arts. 185, 186, 187, 189
unconstitutional; (2) exception of res judicata; (3)
exception of prescription; and (4) exception of preclusion by
judgment. For the following reasons, we dismiss the appeal.
and Procedural History
McLaren filed a petition to disavow paternity on March 17,
2017. Made defendants were Carlena O. Foster, McLaren's
estranged girlfriend, and her two minor children - Adam
Callin McLaren, born January 11, 2012, and Karly Marie
McLaren, born April 8, 2013. In the petition, McLaren alleged
that Carlena Foster was unfaithful to him during their
relationship, leading him to believe that he is not the
father of the children. He further alleged that it is
physically impossible for him to be the father of Karly Marie
McLaren because he was incarcerated at the time of her
conception. Upon the filing of the petition, an attorney was
appointed to represent the minor children.
response to the petition, the minor children filed an answer
in which they issued a general denial and argued that blood,
tissue or saliva DNA testing can only be ordered once McLaren
proves by clear and convincing evidence that there is an
unlikelihood of paternity. The minor children also asserted
Peremptory Exceptions of Prescription, Res Judicata and
Preclusion by Judgment wherein they argued that, because
McLaren did not raise the issue of his paternity in a
previous child support lawsuit and a child support judgment
was rendered against him, he was barred from raising it in
the petition to disavow paternity. The children also
requested a declaration that La.Civ.Code arts. 185, 186, 187,
189, relating to the presumption of paternity and disavowal
actions, are unconstitutional on their face.
received notice of the constitutional issues in this case,
the Attorney General of Louisiana filed a Memorandum in
Support of the Constitutionality of La.Civ.Code arts. 185,
186, 187 and 189. See La.R.S. 49:257(C) and La.Code
Civ.P. art. 1880.
August 30, 2017, after a hearing on a rule to show cause
pursuant to the petition to disavow paternity, the trial
court signed a judgment, denying the minor children's
"exceptions/objections" and ordering DNA tests be
administered to Derrik McLaren and the minor children. It is
this judgment that the minor children now appeal;
specifically, they appeal the denial of their