A better idea for paternity testing

Discussion in 'Parent Emeritus' started by TerryJ2, Jul 21, 2015.

  1. TerryJ2

    TerryJ2 Well-Known Member

    So, a friend took me to lunch last week and gave me a great idea.
    Instead of doing paternity testing at the hospital when the baby is born and risking WWIII, why not just buy a kit (you send the swabs to a real lab) and do it at home, discreetly?
    There's really only a 1% chance that the other guy is the father, anyway, and it will save a lot of drama.
    Yes!
    I bought a $29.99 kit yesterday.
    D-Day is approx. Sept. 29.
    And difficult child still believes that H, his girlfriend, will never find out. THAT will be WWIII.
     
  2. Tanya M

    Tanya M Living with an attitude of gratitude Staff Member

    This is a good idea but if it turns out that D C is not the father I'm not sure a "home test kit" will hold up in court. If girlfriend really believes he's the father do you think she would take your word on the home test??

    Oh to be young and naïve :wink: If D C really is the father H will eventually find out.:eek:
     
  3. dstc_99

    dstc_99 Well-Known Member

    Good idea. If it comes back fishy you can have a legal sample done so it would hold up in court. Considering D C will most likely be on the birth certificate he will not have to fight for the testing like an individual would if they weren't on the birth certificate. Plus he should have access to the baby so he could take it in for testing without her consent if he is on the BC.
     
  4. InsaneCdn

    InsaneCdn Well-Known Member

    If there is ANY question at all about paternity, then D C should NOT be on the birth certificate until paternity is proved. Which basically means it needs to be done before the baby leaves the hospital. Once you are named on the birth certificate, it is impossible to be removed - you will ALWAYS legally be the baby's father, even if you weren't the DNA provider.
     
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  5. Lil

    Lil Well-Known Member

    Okay...here's my take on it and keep in mind, I don't live in your state and your laws may differ.

    In MY state:
    Putting your name as father on the birth cert. is a legal finding of paternity. You are legally the father and can be ordered to pay child support by the state (administratively or thru court) with no other proof of paternity. Even if you KNOW you aren't the father. Even if you are different races from the child. Even if you met the mom and signed that affidavit when the kid was 17.

    The ONLY way to take your name off a birth certificate is to file an action in circuit court for declaration of NONpaternity. Most states have some statute of limitations so you can't do it when the kid has thought you were daddy for 18 years.

    I would strongly advise him to not sign any papers at the hospital. He can always do it later. Of course, he's 18 and will do what he wants.
     
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  6. dstc_99

    dstc_99 Well-Known Member

    Oh I agree he shouldn't be on the BC until it is proven. Depending on the state, sometimes the mother can write in whoever they want without the fathers signature. Then it is up to the father to prove paternity or nonpaternity if they want removed. We see it alot in the military. Women write in Soldiers names as the father in order to get benefits. Then when they split the Soldier has to pay for paternity testing to get the child removed from their records.

    In the case he is on the BC it just makes it easier for him to access the child to get the paternity testing done.
     
  7. Lil

    Lil Well-Known Member

    Here the only way (without an order) without an affidavit signed by the father is if they are married.

    Of course, it's amazing how many women say, "That's my husband, Bob." at the hospital...and the hospital files it as a legitimate birth...when they aren't actually married.
     
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  8. dstc_99

    dstc_99 Well-Known Member

    Exactly lil - Scary isn't it.
     
  9. Lil

    Lil Well-Known Member

    Yep. I've had my job 21 years and I've ordered a lot of guys who said they weren't the father to pay support...because I have no choice. I'm specifically precluded by statute from making a finding of nonpaternity in any case where he is a presumed father - even if he has DNA to prove it. He has to go to court and can (will) be ordered administratively to pay support until he gets a court order. Years ago I started demanding that the agency produce a copy of the actual affidavit, not just a birth certificate, because I had a case where the Bureau of Vital Records said the birth was legitimate...but they'd never been married.
     
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  10. TerryJ2

    TerryJ2 Well-Known Member

  11. DammitJanet

    DammitJanet Well-Known Member Staff Member

    This is one of my pet peeves. In the dark ages when my boys were born it went by if married or not. My oldest two kids have the same legal father even though their bio fathers are different. We wanted to put my middle sons real father on th birth certificate but not allowed. However I was allowed to give him his bio fathers last name. Now when cory came along I was legally divorced so his real father is on the paperwork. Hmmm is it to late to dispute parentage? LOL

    I also get ticked that if a man signs the bc then his last name should be the babies last name. Oldest grandbaby mamma refused to give my oldest granddaughter corys last name and the child is upset about it. She always tells people she knows through us her name is KM instead of KH.
     
  12. TerryJ2

    TerryJ2 Well-Known Member

    Well, the nurses and staff are busy and they don't want to get into legal issues. Just "sign here." :(
     
  13. InsaneCdn

    InsaneCdn Well-Known Member

    Sounds like you will have to go with your son, to make sure he doesn't shoot himself in the foot over this.
     
  14. Lil

    Lil Well-Known Member

    The answer to that instruction, unless you want to obligate yourself to pay all the bills associated with the stay in the hospital and possibly much, much more - should be, "NO!"
     
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