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Appellate Case May Help Eliminate Paternity
Fraud
10 May 2006
by Anai Rhoads
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AnaiRhoads.org -
A single man is hoping that his paternity case this week will once
and for all end what he believes to be Paternity Fraud.
Arguments for the Jackson v DeSouza case are expected to be heard on
Thursday by the New York Court of Appeals. If the case is overturned,
it may eliminate the burden of revolving paternity fraud.
"Many still find it astonishing that men are forced by court order to
pay child support for other men's children or face jail.
Nevertheless, that is indeed the case. I wish we knew how many men
have been duped, yet national DNA testing continues to show 1 in 3
men tested are not the biological fathers," according to Carnell
Smith of U.S. Citizens Against Paternity Fraud (US-CAPF).
There thousands of cases where the maternal parent has included a man
as the paternal father on her newborn's birth certificate, even
without proof of DNA comparisons at birth.
In the State of NY, men have only 60 days to contest her claim and
request a DNA test before being considered the legal father. The
consequences of him not appealing in time may result in 18 years of
child support. The man also faces jail time if he refuses to submit
payments to the woman, despite having DNA tests to prove he is not
the father. The burden these cases have on the man's immediate family
is also immense.
US-CAPF and The Coalition of Fathers and Families New York, Inc.
(FaFNY) filed an amici curiae brief in support of the appellant,
through the honourable Attorney Louis Keifer.
In order to confirm the man is not the biological father, the court
agreed to test a second time, which showed he is not the legal
father.
"Estoppel should not be used to perpetrate fraud", said Attorney
Keifer.
New legislation needs to be in place that protect individuals against
Paternity Fraud. A simple DNA test at birth may put an end to these
cases and save thousands of children from the heartache of never
knowing their real father.
©2006 Anai Rhoads. Reproduction must be authorised in writing
by author only. Altering, redistributing, or selling this material is
strictly prohibited.
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