MILLS, Judge.
Black and Department of Health and Rehabilitative Services (HRS) appeal from an order of the trial court granting Nesmith's motion to dismiss, with prejudice. We reverse.
On 17 March 1970, Black gave birth to a child. She was at that time married to John Black but claims that no sexual relations occurred with him at the time of the child's conception. The statute in effect at the time of the birth provided that:
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