F & F’s Paternity Fraud Bills: 50 Physicians Endorse ‘Reasonable Means’ to Determine Correct Paternity

Submitted by Matt on Fri, 2011-08-12 18:51

Article here. Excerpt:

'Fathers and Families has helped introduce two new paternity fraud bills (SB 375 and SB 377) into the California legislature, both sponsored by Senator Roderick Wright (D-Inglewood).

There are many reasons to support these bills, including fairness for the men targeted by paternity fraud. But there are also compelling medical reasons to combat paternity fraud. In our official support letter for SB 375 and SB 377, Ned Holstein, M.D., M.S., F & F’s Founder and Chairman of the Board, wrote:

Current California law declares that there is a compelling state interest in determining paternity for all children. SB 375 would instead declare that there is a “compelling state interest in determining biological paternity for all children.” Current California law allows minors to sign paternity judgments without parental consent or legal counsel. SB 377 would prohibit this practice, which currently leads to many errors in assigning paternity.'

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Comments

Could some one explain these bills? Are we talking about DNA testing of all newborns?

I'm supportive of accurate paternity documentation as well as legal counsel for minors. It sounds like a good thing, but I am not exaclty sure what these bills would mandate.

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Submitted by Kris on Sat, 2011-08-13 05:02

My take is that the bill basically would mean that paternity has to be determined not on a judgment of a judge but by the outcome of a scientific test. At the moment, judges have the power to mandate paternity, with or without a DNA test. This is a power left over from before the days when such tests were available. However the requirement that judges use them is not in place. This bill would effectively mean that paternity has to be proven scientifically rather than via judicial fiat. The addition of that one word 'biological' is the key.

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Submitted by Matt on Sun, 2011-08-14 17:39

I am very supportive of correct paternity documentation and fathers being informed. I agree that paternity should be established by biology and not by the legal system.

However, I have a couple of concerns, but not sure how they would be alleviated. It has to do with cost of paternity testing (who pays, as it is not fair to put it on taxpayers, but many couples cannot afford the $400 test, and some might feel it is not necessary) and should there be a time limit?

I would like to see mothers have a legal responsibility regarding paternity and make paternity fraud a crime (although not sure how to enforce or punish). I often see men involved as well. I think it would help if DNA tests were routinely offered as part of everything else they do when a baby is born and take away the stigma that the father is suspicious or accusing the mother of cheating. I also think we should not be so accepting of "father unknown" situations when single mothers give birth. Hopefully in time, costs will come down and methods and information sharing will improve so that all paternity will be documented correctly.

If couples should choose not to pay the $400 for the DNA test, then perhaps parents should understand that after two years they will be considered "adoptive parents" if either of them are later determined not to be the bio parent (I am considering situations where children are accidentally switched at birth or wrong egg is used in artificial insemination situations. It is possible for mothers not to be the bio parent and they should have the same 2-year rule or whatever is decided).

And it is time to do away with the law that says paternity belongs to the husband because the mother is married to him at the time of birth.

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Submitted by Kris on Tue, 2011-08-16 18:17