(dissenting).
I respectfully dissent.
As I understand it, the majority has based its decision on the theory that to require appellant to support his illegitimate child, in the absence of a Texas law imposing such a duty, would deny him the equal protection of the law. In so holding the majority relies on State of California v. Copus, 158 Tex. 196, 309 S.W.2d 227. In my opinion the Copus case is not controlling. It was not an action brought under the Uniform Reciprocal Enforcement of Support Act as is the instant case. It seems to me another distinction is that in the Copus case the claim sought to be asserted was based on a sister state statute while in the present case the child support claim is based on a valid judgment of a sister state.
A portion of the Uniform Reciprocal Support Act, Section 7 of Article 2328b-3, V.A.C.S., reads as follows:
“Duties of support enforceable under this law are those imposed or imposable under the laws of any state where the alleged obligor was present during the period for which support is sought or where the obligee was present when the failure to support commenced, at the election of the obligee, but shall not include alimony for a former wife.” (Emphasis added)
In my opinion this section allows the obligee (Marie Bjorgo) to choose the substantive law that is to determine the duty to pay child support. She chose the Kentucky law which was duly invoked. The Kentucky court then declared appellant the father of the minor child and ordered him to pay support. Texas courts should look to the law of Kentucky and recognize the duty of appellant of support “imposed or imposable” under the Kentucky law. Under this record Mrs. Bjorgo made this election by instituting this proceeding. It is uncontradicted she was present in the initiating state (Kentucky) when appellant’s “failure to support commenced”.
The enforceability of a child support judgment of a sister state by Texas courts against a father who has thereafter become a resident of Texas can not be questioned. Guercia v. Guercia, 150 Tex. 418, 241 S.W.2d 297. That case held that the enforcement of such judgments of sister states is based on comity and public policy. The only distinction between the Guercia case and the instant case is the legitimacy of the child for whom support is being sought. Kentucky law does not make such a distinction. Under the Uniform Reciprocal Support Act I do not think courts of this state should make such a distinction.
We are called on here to enforce a duty imposed by a Kentucky court under a *535Kentucky law. At the time the duty to support arose appellant was a resident of Kentucky. The fact he voluntarily left that state and became a resident of Texas, which does not require a father to support an illegitimate child, should not relieve appellant of that duty. If the Reciprocal Support Act is to be effective, the judgments of the initiating states must be recognized and enforced.
Although the Supreme Court in Guercia v. Guercia, supra, specifically refrained from passing on the question as to whether or not the full faith and credit clause of the United States Constitution applies in cases under the Reciprocal Support Act, I am convinced such constitutional requirement is applicable. I would affirm the judgment of the trial court.