Common-law doctrine bars man from rejecting paternity of his non-biologic daughter in Berks court

Submitted by Mastodon on Sat, 2013-01-05 11:56

Story here. Excerpt:

'Judge Bucci of the Berks County Court of Common Pleas recently barred a man from disclaiming paternity over a child, pursuant the common-law doctrine of “paternity by estoppel.”

In January 2012, the plaintiff, who is the mother of a 4-year-old girl, filed a complaint for support in the Berks County Domestic Relations Office, seeking financial support from her estranged husband, the defendant.

The man challenged the complaint and filed a petition for special relief, seeking an order for DNA testing to disestablish paternity.

According to the court’s opinion, the parties agreed that the girl was conceived and born during the marriage but is not the biological child of the man.

The court found that the girl child was, in fact, the product of an extramarital affair. Although the man suspected infidelity, according to the court’s opinion, the mother concealed the affair and assured the man that he was the biological father.'

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Comments

This underscores the importance of getting a paternity test at birth so that men don't inadvertently "do the right thing" and then incur obligations for children that aren't theirs. Better yet, don't get married.

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Submitted by redwoodwriter on Sat, 2013-01-05 16:48

Every birth should include a mandatory paternity test, and all parental rights should go to the father who can then decide the extent to which the mother is permitted to be involved in the child's life.

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Submitted by cwondermagic1 on Sun, 2013-01-06 02:55