Sunday, November 30, 2008

Should responsibility fall on the man's shoulders...?

If the woman does not tell the biological father she is pregnant, should the responsibility to find out be the father's? Should a man be responsible for searching out each of his sexual partners to find out if she is pregnant? Here's an interesting case. Ten months after a baby's adoption to the step-father, the biological father finds out he had a child. He petitioned the New York courts to overturn the adoption. The courts found that:

'Promptness is measured in terms of the child's life, not the onset of the father's awareness."

Since the child had been adopted ten months earlier, the courts decided the petitioner had no rights. What if the mother had decided that she wanted child support ten months after the child was born? The courts would have granted her the support.

Another issue I find problem-some is if a man is found NOT to be the biological father, why can't he have his child support reimbursed?

"When a man finds out he has been named as a father, if he is going to contest paternity, he had better do it then. Even if a man later succeeds in contesting paternity, he probably won't be reimbursed for the child support he has paid. This is certainly true in California. In fact, California Family Code section 7648.4 specifically says that a "previously established father has no right of reimbursement for any amount of support paid" even if he later gets a paternity finding set aside (Child)."

This seems rather unfair. If a man denies paternity for six years, and then, after a DNA test, is determined to be the father, he owes six years of paternity and is labeled a "dead-beat dad." If this were the case with the above sailor, he would not be able to get a passport, thus causing him a lot of hassle with the U.S. Navy as he needs a passport to perform him Military duties. There needs to be more consistencies with the laws. These issues need to be handled fairly all across the board.


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