Just like the issue surrounding requiring paternity testing at birth.  This issue brings up many conflicts from all sides of the situation.  Again, we face three different set of people’s rights and whose is the most important.  We have the “father’s” rights, the mother’s rights, and the child’s rights.  When a solution is determined by looking at one groups rights others are always going to be impacted.

There are many people concerned about the child in these cases.  The money owed to the “father” in each case is apparently returned to him by garnishing the mother’s wages.  To many this could only impact the child negatively.   I imagine that many people have the same thought I do, “What if the mother really believed that he was the father?”

Men’s rights groups have the obvious response to these concerns, which is that these men are entitled to justice.  Does justice always have to be determined in a dollar amount?  Yes, a dollar amount is how this started and maybe that is why it is how it is the counter judgment is determined.  I don’t know.

Just like with the mandatory paternity testing I know there is no right answer here.  I don’t know if I feel that one side’s argument is more legitimate then another’s.  I realize more and more that the laws written in these cases seem to only be written from one group’s perspective.  I find myself concerned about this process of lawmaking.

Anyone have thoughts here?  Is there something I don’t see that makes this type of law more universal?

The article discusses a new bill in legislation in Tennessee.  This bill will require Paternity Tests before ANY man is added as the father on a birth certificate.  This is a change from the current law that states if a woman has been married for 300 days before the child was born a paternity test is not necessary.

In reading the article I hear two very passionate sides to this topic.  Men who believe their rights can be infringed upon when paternity is assumed at birth.  They worry that although a couple is married the assumption that it is a monogamous union is not a safe one.  Father’s rights groups are backing this bill with everything they have.  They believe it will help eliminate paternity fraud and possibly eliminate the acts of women that create these situations in the first place.

The other side of the argument is women’s rights groups who are up in arms about the idea that while some women have and will commit paternity fraud, that ALL women and couples should have to pay literally.  This legislation will change the current $7 fee for a birth certificate to a total of $172.  This increase is to pay for the paternity test, obviously. These women’s groups are offended that we should be governing everyone by assuming guilt on the mother’s side.

Myself, I feel extremely conflicted.  Dealing with paternity testing on a daily basis I can see both sides of this argument.  When I read articles like this I feel that people are taking things down to a very personal perspective and not from a wider view.  One side is upset about the amount of fraud occurs and the other is offended that we assume fraud is occurring so often that we have to assume it happens every time.

I feel both sides have a narrow view of a large issue.  I don’t know that I feel that the government should be so heavily involved in this process. I understand that many father’s feel betrayed by their partners after years of raising a child that is not theirs.  However, is it better to face that issue in what should be a joyous time of your child’s birth?  I don’t know.  I am not sure that anyone does.  I believe that the solution may not be to create new legislation around this massive issue, but to take a closer look at current legislation that does not seem to protect father’s rights after they find this child is not theirs biologically.

I am not a parent, and I cannot imagine what any of this must feel like to those of you who are.  I have strong feelings about the issue, but they are based in hypothetical scenarios that I may never face.  I do feel there are problems in the system of child support, custody, and the like.  I don’t feel it is the solution to add another faulty law to the mix.  And I don’t think anyone can tell me that these blanket answer laws work.  There are too many what ifs and scenarios that don’t fit the norm.  Like the guy who knows he is not the father but wants to raise this child as his own… then again what about the guy who doesn’t know he is about to be a father.  I know its complex.  That is why I don’t feel the answer lies in this mandatory paternity test solution.

If you live in Tennessee and want to speak your piece contact your state representative or senator or both.  Also, you may want to contact the representative who is sponsoring the bill.  His name is G.A Hardaway.  His email address is rep.ga.hardaway@legislature.state.tn.us.  I am not telling you which side of this issue to take.  But if you feel strongly about this issue I would recommend getting involved in the process.

If you live in another state and feel strongly about this legislation one way or the other you may wish to contact your state reps and let them know about this bill and express your feelings about similar bills in your state.

I am not sure that my perspective really takes one side of the issue or not.  I feel there is something broken in the system, but I don’t like this approach.  Anyway.  Hope everyone is having a wonderful week.

* I am editing this after researching additional details on this bill.  House bill 2964 in Tennessee was a part of legislation earlier this year.  The article I read initially regarding this legislation was more recent.  I guess I have learned a lesson about fact finding missions.  Anyway, I wanted everyone to know that this legislation did not pass, in fact from the details on the Tennessee Legislature website it did not get past committee hearings.  I apologize for the false alarm.

Everyone seems to have a story of someone who would have benefited from this testing at birth idea.  A husband who had a cheating spouse and he didn’t know about the affair until after the child was born and birth certificate signed.  These people believe it would be a way to avoid paternity fraud or the “wrong” people being allowed to spend time with a child.

There are fewer stories of those who knew they were not the father and signed the birth certificate, anyway. They wanted to be a father to these children and may not have been given the opportunity had a DNA test been required to add his name in the first place.

There are conspiracy theorists that the government would use the information collected from these DNA tests for their own benefit.  Although, no one can say exactly how they would do use this information.  I am not certain I believe this idea, but there is plenty of fear around it. Also, these same people bring up the question, “Who is going to pay for all this testing?”

Certainly we cannot expect every family to pay for a paternity test or can we?  Can we ask tax payers to pony up these fees?  Do we just add it to a list of procedures required in the birth of a child and therefore bill it to insurance agencies?  Where do the funds come from?

Many people, mostly women, take the idea of at birth paternity tests personally.  They are frustrated by the idea of assuming that the mother is lying from the get go.  Although, there were other women who took the stance of, “If you have nothing to fear, why get upset?” Both of these perspectives strike a chord in me, but I am trying not to approach this from a gendered perspective.

I, personally, do not believe that this is a good idea.  There are many reasons, and I will follow up with my reasons, after everyone else posts theirs.  Have a good one.

In there eyes there are too many cases of men paying child support who do not need to be.  This is a frustrating and large problem that can possibly be prevented by DNA Paternity Testing before support decisions are made.  An example of an advocacy group working tirelessly to prevent and stop “fathers” being required to pay for children that are not their own is the US-CAPF (United States Citizens Against Paternity Fraud).  Their website is www.paternityfraud.com.

I have been reading about this subject for quite a few months, and I do find the trend of mothers naming the incorrect person as the father just to get child support very troubling.  At the same time while reading on this topic I still find the same amount of articles about men dodging paying child support in cases where they are known to be the father of child.  This is as much a fraud of paternity as anything the previous articles describe.  One such article was about a gentleman who attempted to cheat official child support payments by enlisting someone to do that paternity DNA test for him.  You can read more here: http://www.dailyamerican.com/articles/2008/09/13/news/state/s_news258.txt.

Paternity fraud is an issue that plagues not only American courts but courts world wide.  What is the answer?  Mandatory paternity testing at birth?  It is my belief that this is not the answer.  But then what is?  Unfortunately, I am not certain there is one.

At IDENTIGENE we strive to help provide answers for all types of questions that require DNA testing.  If you have questions regarding paternity or other relationships please feel free to contact us to assist you in starting the DNA Testing process.  You can reach a DNA Testing Expert by calling 1-888-404-4363.  You can also contact me at 801-462-1465 or kstyer@identigene.com.