PARENT'S RIGHTS NOW!

A READER WRITES ABOUT PATERNITY FRAUD/ WE RESPOND

Paternity fraud appears to be a growing problem in this country. The following is an e-mail received from a reader/contributor on our site regarding an e-mail we had sent in response to a posting she had made on our site regarding the issue of Paternity Fraud. For purposes of clarity the readers of this post should know that the red highlighted portions of the e-mail are from our original e-mail.

For issues of privacy, we have removed all identifying information.
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I was unpleasantly surprised by your response. It appeared that you were trying to provide me with some modest degree of sensitivity training.

(1) As far as the paternity issue is concerned, I would be interested in knowing your proposed solution to the problem. “Criminal prosecution.”

(2) From what you tell me, there does not seem to be a mechanism for overcoming the statutory presumption of paternity. I do not understand how you came to that conclusion. There are both state and federal mechanisms in place for overcoming statutory presumptions of paternity. Every one of which was illegally denied to [NAME OMITTED]through criminal act of fraud upon the court, which were willfully and wantonly assisted, aided, and abetted by officers of the court.

(3) Wouldn’t it be simpler just to allow those who want to challenge paternity to utilize DNA testing and to get away from this “race of the child” issue? The race of the child is not simply an issue it is -- critical evidence -- in the case. I would no more walk-away from that than I would from critical evidence in any type of case.

(4) Shouldn’t we utilize science rather than perpetuate legal fictions? Legal fictions? The study of heredity and genes is science, not legal fiction. The study of this science brought about DNA testing. Heredity is the transmission of characteristics from parents to offspring and each characteristic that may be transmitted, is conveyed by a gene. Science -- not bigotry -- dictates that it is physically impossible for two Whites to produce an Asian. [NAME OMITTED] has never fathered or acknowledged paternity of any child. [NAME OMITTED] has NEVER been adjudicated to be the father of ANY child. No child has EVER been named by any court or administrative agency as one entitled to the support of [NAME OMITTED].

[NAME OMITTED] is a White man suffering from multiple disabilities. He has been criminally victimized for years by the family court, this woman, and her child of Asian heritage. I reserve my sensitivity and concern for the truly deserving.
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The following is what we consider to be the relevant portion of our response.

Turning to your friend’s situation, I do not doubt that he has been a victim of the system. However, I do not think that criminal prosecution of the mother is the answer to the problem. I like the approach taken in Massachusetts, wherein fatherhood is strictly a matter of biology rather than a socio-legal construct. In 1994, the Appeals Court of Massachusetts decided the case of KB. v. D.B. & another. In that case, a DNA test had conclusively established that a man was not the biological father of a child born to his wife and the Court refused to base a duty of support either on public policy considerations or legal fictions. The Court reasoned, “A married man should have no duty to support a child born to his wife during their marriage but fathered by another man, any more than a wife should have a duty to support a child fathered by her husband during their marriage but born of another woman."

In my view, [NAME OMITTED] should be allowed to require DNA Testing of the child and himself and if the test indicates that he is not the father, then he should be relieved of a support obligation and be reimbursed for all support paid thus far.

Race is a legal fiction. South Carolina has wasted too much time arguing over such issues as whether someone is 1/16 black, "separate but equal," and miscegenation. Issues of paternity should be based on scientific DNA evidence, not physical appearance.