Court of Civil Appeals of Oklahoma March 7, 1995, 83076 (State ex rel. Department of Human Services ex rel. Aaron v. Perkins)

JOPLIN, Judge,

dissenting.

As a policy matter, I believe a defendant who is charged with paternity, but who, after blood test, is excluded as biological father, should recover his reasonable costs and attorney fees incurred in the defense of the paternity action as the prevailing party pursuant to 10 O.S. § 89. See, State ex rel. Department of Human Services v. Gates, 808 P.2d 995 (Okla.App.1991).