Presumption Of Paternity

Question: Shouldn't we remove an irrebuttable presumption of paternity in marriage due to it being outmoded by feminism? With 30% of paternity tests under suspect circumstances now proving that the man involved was NOT the father of the child: http://www.aabb.org/Documents/Accreditat… And this being extrapolated to the general population at around a 4 -5% rate of paternity fraud (with that number possibly/probably being higher if more tests are done). And the fact that women are now just unfaithful equally if not more than men (in fact around 4 years of fidelity is all that can be counted on): http://www.womensinfidelity.com/ Not to mention the existence of no fault divorce and 85% rate of maternal custody granted by the courts, providing a cop out of marriage for women: Shouldn't we just repeal this law now that we can't really count on women to be faithful and that the marriage contract is not worth the paper it is written on?

Answer: If a man's name is placed on a birth certificate he should be able to confirm his parentage through DNA testing (no matter what the mothers’ wishes). Once the child becomes a legal adult, the test should only be conducted with the child’s consent. If it is found that he is not the father he should not have to pay any child support. He should not be reimbursed for child support already paid to the mother.

Question: WHO can help me to overcome presumption of paternity in Pa law? I have DNA test that says I am 99.91% the father and no outher man can be the father But I cant overcome a 200 year old law of presumption so I can see my little girl. I need any help out there and will respond to all who offer. This is injust and I cant see how it can be allowed in Pa law. I have the DNA test the outher guy had a vasectomy 3 years prior and she was seperated and it can be proven. What can be done?

Answer: Are these the presumptions you're talking about? (b) Determination of paternity.--For purposes of prescribing benefits to children born out of wedlock by, from and through the father, paternity shall be determined by any one of the following ways: (1) If the parents of a child born out of wedlock have married each other. (2) If, during the lifetime of the child, it is determined by clear and convincing evidence that the father openly holds out the child to be his and either receives the child into his home or provides support for the child. (3) If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity. Sections (2) and (3) above are easy to overcome, and for the purposes of section (3) the DNA test will meet clear and convincing evidence. Section (1) really doesn't make sense, because it requires you to already know that the man is a parent in order to establish paternity. If you already know he's the father you don't need to establish paternity. Section 5104 says that a blood test can also overcome this presumption. If this was a voluntary acknowledgment of paternity there's simply no way around it. Section 5103 makes this conclusive proof that he's the father. I hope this is what you were looking for. I didn't check any case law, but this is probably pretty close. I would also recommend a lawyer. I don't know anything about procedure in PA courts.

Question: Need legal help with paternity issue.... (Repost in new category)? I am most interested in info specifically for Pennsylvania, but any info for any state is appreciated, just tell me to which state the information you are giving applies. If a woman is married but is separated from her abusive husband, and gets pregnant from another man who is willing to acknowledge the paternity of the child, and who WANTS to be active in his child´s life... 1. Is the spouse automatically presumed to be the LEGAL father, despite the fact that he is not the bioligical dad? I know in PA this is the case, but am interested in other states as well. 2. If ALL parties involved (mom, spouse, and father) are willing to agree, can the spouse ¨sign over¨ his rights to the biological dad? Can the biological dad sign the birth cert? 3. I know the spouse can contest the presumption of paternity in some cases... if for some reason he didn´t want to contest and was not willing to sign over his rights, can the MOTHER and BIOLOGICAL FATHER somehow contest the spouse´s paternity rights? How? 4. Can the child be given the biological dad´s last name, or the mother´s MAIDEN name (even though her legal name is still her married name)? Or both names hypenated? Or MUST the child be given the spouse´s (and wife´s legal) name? Thanks :)

Answer: Lawyer time! Talk to a lawyer in PA who can give you real, true answers to your questions. It's worth the money to get REAL answers instead of speculation from a bunch of strangers. Please don't ask for legal advice on a public forum.

Question: Do you support the doctrine of presumptive paternity? In many states, if a man's wife gets pregnant, he is assumed responsible for the child. It doesn't matter if she had an affair. It doesn't matter if he's had a vasectomy. He has no legal standing to challenge paternity. In fact, the biological father who does wish to have parental rights may be prevented from doing so. http://singleparents.about.com/od/glossa… http://singleparents.about.com/b/2007/03… The Man, you should read the links. The paternity test will not be recognized: he has NO LEGAL STANDING to have such a test submitted to the court

Answer: I do support presumptive paternity. It does not apply to a legally separated couple. I'm not sure what would happen if a woman were to file for separation as soon as she learned she was pregnant. I don't know when a man's parental rights begin. The biological father who wishes to have parental rights needs to find his own woman, and not impregnate someone else's. I think the economics of parental rights is stupid enough as is, without adding situations in which men can send their women out to conceive children of rich men for the child support. Imagine the arguments in the that family, when one kid comes with the check that pays the families utility bills. We already have military wives having surrogate babies for profit--and military insurance pays for their prenatal care and delivery costs. What moral principal would stop them from misusing child support to supplement the family income? The important issue is the cohesion of the family. One mother, one father, as much as possilbe. Dot is just lying.

Question: Is there really any truly free people locator service? Lost relatives, children, etc.? I am in search of my son, who will be 21 years of age next May. Even though he doesn't carry my name, due to a presumption of paternity ruling during my divorce, I would like for him to be able to contact me at his discretion. DNA testing wasn't valid at the time. I have tried some of the paid searches with no results. Thank you.

Answer: There are some free sites you could try. The first link is a nation-wide phone book. The second, GenForum, is primarily for genealogy. They have forums for thousands of surnames and for each county in the US. Anywhere from 1 - 10 out of 100 posts on a given forum will be like yours, living people looking for living people. Most of them are adoptees looking for bio parents. The county forums are under each state. Go to Regions -> US -> States -> Counties for this state. The Surnames are easier. If you know what county he grew up in and what his name is, you might try a county forum. If you have his SSN, the SSA will forward a letter to him for you. Write back if you need details. If you are in Australia, none of my advice counts and you should mention your country in your question.