What Is Paternity Fraud?

paternity fraud

Paternity fraud happens when a mother tags a person as the biological father, when she knows or suspects that the he is not the real father.  This is usually done to collect child support from the putative father.  In a survey done in 2004, about 90,000 men in the United States have been falsely accused of paternity each year.

About 300,000 DNA tests are conducted to establish paternity every year and 30% of these tests showed that the man is not the biological father of the child.  However, there are cases when the court orders continuous the child support even if the putative father is not the biological father.  It usually lasts until the child reached 18 years old.  According to statistics, about 1.6 million alleged fathers are paying for child support for their non-biological children.

Issues and questions begin to rise about paternity.  Men are forming a movement that intends to take steps in protecting themselves from paternity fraud.  State governments are starting to address this issue.

In 2001, Georgia passed a state law which permits courts to stop child support if it is proved that the putative father is not the biological father of the child in question.  Maryland is also facing the issue by allowing a specific period of time for the father to challenge paternity.  Almost other states have similar laws.

An example would be a paternity case in Florida where the father discovered that he is not the biological father through DNA testing.  But the Florida courts ruled on continuing the child support of $1,200 every month for 15 years, which is more than $200,000.  The reason? Because he missed the time requirement for filing the lawsuit challenging the paternity.  They are only given a year after the divorce to challenge the paternity.

Some state agencies would rather continue collecting child support even though they were not identified as the biological father through testing.  These agencies would get funds for collecting child support payments.

Most putative fathers, after finding out that they are not the biological father, would look for the real biological father.  Some would sue them for back support, medical insurance and other needs. But this would require the “real” biological father to admit paternity.  When challenging the paternity, the legal action normally takes about 6 to 24 months, depending with the state where you are located.

Also, with the advancement in technology, you do not have to wait for birth to conduct paternity DNA testing. There are DNA tests which could be conducted while the baby is in the womb of the mother.  The doctor would be the one taking the sample from the unborn child. Medical precautions, however, are taken to ensure that the tests would not harm the mother or the baby.

Paternity fraud was sometimes the center of jokes, take bumper stickers as an example. But it is no laughing matter when children get affected of how parents conducted their relationships and responsibility.  When a putative father discovered he is not the biological father, father and son relationships would be affected.  Surely, this kind of issue should keep us on our toes about relationships.

 

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Paternity Testing Part IV: Choosing A Laboratory

choosing a laboratory

According to surveys, more than 200,000 paternity tests have been performed every year in the United States.  DNA paternity test is one of the most admissible evidences in court for establishing or challenging paternity.  Also, DNA paternity tests can be considered 99% accurate since it analyzes the genetic composition of the child and the parents.

With a lot of fathers starting to get interested in determining if they are the biological father, it is important to get checked by a credible laboratory.  Paternity tests which would be used in court could come from laboratories and not from home DNA paternity tests which could be bought in convenience stores.

Therefore, choosing the right laboratory is important.  How do you single-out the best laboratory which would provide you the best services?

  • Look for accreditation.  The laboratory should be accredited by the American Association of Blood Banks (AABB).  There are some laboratories that operate without accreditation, only 48% of paternity testing laboratories are accredited by the organization.   You could check the AABB website or call them directly to ask about any information about the laboratory.
  • ISO 17025 is another accreditation you could look for among test laboratories.
  • It is good for you to choose a laboratory that offer good customer service.  They would be providing your assurance whether you are uncomfortable and having problems with the testing process.
  • Paternity testing labs are definitely more expensive than home DNA testing kits.  An average cost of paternity testing would be $450 to$600.  You could look for laboratories that are offering different payment options.  For example, there are some laboratories that would conduct the test once you have provided the $99 down payment.
  • If you have seen the laboratory online, then make sure that it is indeed a physical laboratory. There are some websites that claim to be a paternity testing lab.  Unfortunately, they are just marketing agencies which would direct your DNA to other laboratories and let them bid on the test.
  • Check the laboratory’s history and reputation. If there are had been issues with the laboratory’s credibility for the past year, it is better to look for other labs.  There are some laboratories where the test has been classified inadmissible by the court.  You could also inquire about the qualifications of the laboratory’s director and staff.
  • Your information is secured and private.  Testing laboratories should have privacy, security and confidentiality included when they test your DNA.
  • The length of time that the DNA lab needs to complete the test is also another factor.
  • Make sure that you are comfortable with the laboratory and the people working in the lab.  You are trusting them you DNA sample and whether you are bound for fatherhood. If you are uncomfortable, then you could try looking for other laboratories.

A paternity test would surely help the court decide if a person is indeed the biological father of a child.  Therefore, it is important to work for people you trust.  The paternity test could put your worries about paternity to rest.  It would be able to provide you the peace of mind and the truth that you are looking for.

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Paternity Testing Part III: Types Of Paternity DNA Testing

types of paternity testing

Not long ago, experts devised a technology to support women of their pregnancy by knowing the paternity long before they give birth. To date, prenatal paternity DNA testing is now available starting five weeks of pregnancy.

The paternity DNA testing is performed accurately through several methods. Options include amniocentesis, chorionic villus sampling and fetal genetic material testing during the five to thirteen weeks of pregnancy.

Amniocentesis is a type of paternity DNA testing that is invasive. Most of the time, this is performed in the later stages of pregnancy. To perform this method, obstetrician trans-abdominally withdraws a small amount of amniotic fluid. The amniotic fluid being withdrawn is about 10ml. This is an excellent sample for paternity testing because amniotic fluid is just as accurate as the tests conducted after the child is born.

After undergoing amniocentesis, results are often released after three to five working days after specimen collection. Amniocentesis costs just the same as all other paternity DNA testing. However, obstetrician may opt to charge additional fees for collecting the sample prenatally.

Chronic villus sampling is another kind of invasive paternity DNA testing. Unlike amniocentesis, chronic villus sampling is generally performed at early stages of pregnancy. Pregnant women under eighth to 13th week of pregnancy can undergo this procedure.

In performing chronic villus sampling, a catheter is inserted through the cervix. Then, obstetrician obtains sampling from a sufficient amount of fetal chorionic villi, or trophoblastic tissue, which is taken from the outside of the gestational sack by gentle suction. This trophoblastic tissue is used for the paternity DNA testing. Similar to amniocentesis, this procedure is also as accurate as the test conducted after the child is born.

It may be easy in performing such methods; yet, worth noting are the risks to the fetus posed by both amniocentesis and chorionic villus sampling. There are results of some studies showing increased chances for fetal loss by 0.5% for amniocentesis and 1% for chorionic villus sampling. That is why, it is highly recommended that patients who are considering chorionic villus sampling or amniocentesis prenatal DNA paternity testing to consult with their obstetrician before initiating the test.

For other options, a non-invasive paternity DNA testing called fetal genetic material testing is available too. This is in response to the risks to fetus posed by earlier mentioned invasive methods. The technology used in fetal genetic material testing allows obstetricians to determine the paternity of an unborn child through only maternal blood sample. The technology separates the necessary foetal cells from the mother’s blood circulation. This foetal cells are the sampling utilized in determining the paternity.

Extraction separating primordial foetal cells from the maternal blood samples starts once all samples are obtained by the laboratory. Experts say this procedure can be done about five to 12 weeks of fetal gestation. In addition, fetal genetic material testing is cost effective and safer compared to other traditional paternity DNA testing.

Considering all options, many experts say the safest to know the paternity of the child is by using the umbilical cord blood at the time of child’s delivery. Testers can provide results after three to five working days.

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Paternity Testing Part II: How To Establish Paternity

how to establish paternity

Establishing paternity may take a lot of effort but many says there are really rewarding benefits to it. Today, there are advanced technologies to help women establish paternity for bioethical and legal concerns. The court, insurance and inheritance companies, and adoption agencies have also included paternity identity results in their policies.

Other than the child’s right to know and be known by his father, there are many legal benefits to it.  The child has the right to obtain financial benefits from his biological father. Other than regular child support, the child also has a legal right to his father’s death benefits. Such benefits include including social security or Veteran’s benefits and possible inheritance. Another legal benefit includes access to his father’s medical history. If your child’s paternity is established, he can be informed of any genetic medical issues that could have been passed on from the biological father.

In the event that a father would like to establish paternity voluntarily, he should just simply acknowledge the child. As such, he signs on to shoulder the responsibilities posed in rearing a child. Most significant here for most cases is the financial support until the child reaches the age of majority.

A father can voluntarily establish paternity in two ways. First, he will be present at the birth of his child and sign a Declaration of Paternity or Acknowledgment of Paternity. Such documentation is important to obtain the father’s name and placed on the child’s birth certificate. Second, if he fails to be present at the birth of his child, he can submit an affidavit of paternity. This affidavit is due until the child turns 18. If the affidavit is not submitted before the birth certificate is issued, a mother may opt to apply for the alteration of the child’s birth certificate and add the father’s name.

However, if the alleged father does not voluntarily acknowledged paternity, there are ways to establish the paternity of the child formally. The formal process includes seven steps. First is the meeting of parents to talk about the process of establishing paternity. Second, the mother has to sign an affidavit that indicates the identity of the alleged father.

After doing the first and second steps, the next move would be locating the alleged father. It can be done through governmental agencies such as Internal Revenue Service (IRS), the Social Security Administration (SSA), and the Department of Defense (DOD) to name a few. If the alleged father is found, the next step would be contacting and giving him a chance to acknowledge paternity voluntarily. If he denies, requesting of all parties to be submitted to a genetic testing can be done. In any case that the alleged father does not submit to genetic testing, he can be determined as the child’s father by default.

The last step would be informing the alleged father of the paternity. If he does not contest such results, it will be then recognized as a conclusive determination of paternity after two months or 60 days.

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Paternity Testing Part I: What Establishing Paternity Really Means

Paternity

Establishing paternity means you are establishing the legality of the child’s father. To acknowledge the child’s paternity, both parents would be signing the child’s birth certificate. The child has the right to know both parents; it is not just about getting monthly child support.

If the mother is not married to the child’s father, the father could provide a Declaration of Paternity or Acknowledgement of Paternity to include his name in the birth certificate. If the father is present at the time of birth, then he could have his name included in the birth certificate. Changes to the birth certificate do not apply immediately. It would take a while before the records are changed.

If the father is not present at the time of birth, the affidavit of paternity could be completed until the child turns 18 years old. The affidavit can be prepared by a lawyer and needs to be notarized. Both parties, the mother and father, should sign the affidavit.

Paternity DNA testing is also another way to establish paternity. DNA testing would determine who the biological father is through genetic proof. Genetic or DNA testing should be made available upon the request on any party. When the DNA test result is positive, but the biological father refuses to acknowledge it, then it is possible for a court action to ensue. The cost of the DNA testing is usually paid by the father once the paternity is established, unless the father is deemed by the court unable to pay.

Why is it imperative that paternity is established? Child support is one of the primary reasons, especially in cases when the parents are not married. Laws require fathers to provide financial support to their children once paternity is established. In some states, there is a time limit for establishing paternity. In Ohio, for example, paternity could be established until the age of 23. If the child is no longer below 18 years old, then financial support is no longer required.

Establishing paternity would also allow the child to have access to the father’s medical history. This would be crucial in medical situations like organ transplant. It could also help in learning about genetic health issues which could be transferred from father to child.

Establishing or providing the child citizenship right is another important reason to determine paternity. Also, without paternity establishment, it is difficult for the child to acquire benefits from the father like Social Security insurance benefits, inheritance and other similar benefits.

Both the mother and the father would share equal rights to custody once the paternity is established. The parent who has the custody of the child when the acknowledgement of paternity is filed has the legal custody of the child. However, a non-custodial parent would have the right to visit or even apply for child custody.

Establishing paternity goes beyond financial support. Children have the right to have a chance of building relationship with one or both of their parents. It would give them the sense of belonging to a family and help them build their identity.

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