Adoption Search Blog

02/27/07

Paternity Laws Part 1

Posted by : Karen Sterner in Adoption Search Blog at 02:45 pm , 345 words, 57 views  
Categories: Search


As of late I heard of a campaign that apparently is an effort to change state laws so that men can contest paternity at any time. Recently I heard, that the laws in many states say that if a married couple is living together the husband is the father of any children born to the wife regardless of DNA evidence. In addition in the case of a married couple living apart or an unmarried couple, the father has only a short time to contest paternity if the mother names him as the father.

Whether all of this is true or just a portion of it I am not exactly sure. If this is the case I can only imagine that these laws have resulted in situations where men have been ordered to pay money for children who they did not father. I have to wonder if the laws that exist have been created mostly for the government’s convenience of stability and clarity.

It is my understanding that there is a bill pending on Oregon. Apparently in Oregon under current law the paternity of a child can be established in several ways. The new bill removes the presumption that a child born to a married couple is the child of the husband, gives a court discretion to require genetic testing even though legal paternity has been previously determined, and if enacted would enable the obligor to terminate a child support obligation by proving that paternity was not accurately established. The bill number is OR HB 2382 and a copy of the bill can be read at http://e2ma.net/go/513782023/412675/13324162/goto:http://www.leg.state.or.us

SPONSOR
http://omnitrace.com/

With DNA testing on the scene I would think that this would of and have changed or does the system still have the mind set of not disrupting a child’s life to find out that the man they thought was their father was not really there father. Is it in the best interest of the child to not allow a man to prove or disprove his paternity?

Comments, Pingbacks:

Comment from: John [Member] Email
I know of several states that have these restricitons on disproving paternity. Years a go, going through divorce, my attorney explained that alimony and child support are designed to protect the state and keep the wife and kids off the public dole. He made it clear that the state and its judges were not terribly interested in injustices to non-fathers or husbands, only protecting the state. Great way to get a deadbeat uninvolved dad. It turns out that fairness in not part of justice.
PermalinkPermalink 02/27/07 @ 21:20
Comment from: MamaS [Member] Email
In Georgia, if a man and woman are married at the time of the birth of the child, the man is "presumed" to be the father and DNA evidence is not required to "prove" that he is. For example, a soldier's wife can have a baby and list him as the father even if he is not present to sign the birth certificate himself. However, the husband can contest the paternity and request DNA testing -- this is frequently done when the couple is divorcing, if the father has any doubts about paternity. The birth mother can also request DNA testing if, for example, she wanted to divorce her husband and marry the father of her child and did not want her husband to have rights over the child. Of course, he would have no responsibility for child support either!
PermalinkPermalink 02/27/07 @ 21:26
Leave a Comment: You need to login to leave comments.:

Login | Register

Login To AdoptionBlogs.com

Search

Sponsors

Related Discussions

    http://www.omnitrace.com

    Misc

    Subscribe to Adoption Search Blog

     Enter your email address:
     

     

    Who's Online?

    • my3boys Email
    • Guest Users: 126