Posts belonging to Category DNA



Bill could let men sever child support with DNA test results | Legislature | The News Tribune

A female lawmaker from Port Orchard says men in Washington are being unfairly forced to pay child support for children who aren’t theirs, and the state should let them escape that burden.

A measure introduced by state Sen. Jan Angel, R-Port Orchard, would allow a man to challenge his status as a child’s legal parent in court if genetic tests prove he is not the father.

Current law in Washington generally only gives fathers four years to challenge a child’s parentage, and assumes a man is the father if he was married to the child’s mother close to the child’s birth date.

Angel’s bill would let a man try to sever his legal ties to a child at any time within two years of learning he is not the child’s biological father — whether the child’s age is 5 or 15.

If a man’s request to sever paternity were granted by a judge, he would no longer have to pay child support for the child, even if he previously acknowledged himself to be the parent or was married to the mother at the time of the child’s birth. (more…)

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Kansas wants sperm donor pay child support – KansasCity.com

The moral here is to be extremely cautious if there is any possibility of a child support issue arising.

The state of Kansas is trying to force a man who donated sperm to a lesbian couple to pay child support, arguing that the agreement he and the women signed releasing him from all parental duties was invalid because they didn’t go through a doctor.

Under Kansas law, a doctor’s involvement shields a man from being held responsible for a child conceived through artificial insemination. At least 10 other states have similar laws, including California, Illinois and Missouri, according to the Kansas Department for Children and Families.

William Marotta and the couple he helped have a daughter didn’t go through a doctor, so the department is asking a state court to hold him responsible for about $6,000 that the child’s biological mother received through public assistance – as well as future child support.

The department also asked the court to appoint an attorney to represent the now 3-year-old girl, independently of her mother.

Marotta is asking that the case be dismissed, arguing that he is not the child’s legal father. A hearing is set for Tuesday.

Department spokeswoman Angela de Rocha said Wednesday that when a single mother seeks benefits for a child, the department routinely tries to determine the child’s paternity and require the father to make support payments to lessen the potential cost to taxpayers.

She argued that the law regarding artificial insemination is an incentive for donors and prospective mothers to work with a doctor

Read more here: http://www.kansascity.com/2013/01/02/3990711/state-trying-to-make-sperm-donor.html#storylink=cpy

Kansas wants sperm donor pay child support – KansasCity.com.

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Kinison friend says comic fathered child – Yahoo! News

It will be interesting to see how this is handled.  It is possible that he has a civil case against the biological father’s estate. He may also have a case against the attorney who represented him for malpractice.  Historically, however, the presumption of paternity of the husband trumps everything else.  So just because it is obvious he wasn’t the father, nevertheless, the courts may decide to leave this case alone.

LOS ANGELES – A longtime friend of Sam Kinison said Thursday that he recently obtained DNA testing shows the late comedian fathered a daughter with his ex-wife and that he hopes the revelation will free him from years of unpaid child support penalties.Comic Carl La Bove filed a petition Thursday to try to invalidate a nearly 13-year-old agreement requiring him to make payments for the girl, who is now 21 years old.

As of 2009, La Bove owed nearly $188,000 in back child support, according to a statement filed with his petition.The debt has left La Bove without a driver’s license, a passport and shoddy credit, he said.But he said any animosity he felt toward Kinison for sleeping with his now ex-wife during Kinison’s hard-charging heyday in the late 1980s is gone.

Success is not guaranteed, said Michael McCormick, executive director of the American Coalition for Fathers & Children, which is aiding La Bove in his case. The 52-year-old comic will have to show that he was coerced into signing the 1998 agreement.

In his court filings, he claims he was not fully informed of his rights before signing the agreement. In an interview, he said that his divorce from his ex-wife took six years and that his attorney never suggested he challenge the paternity of the child, even though his then-wife had told him that Kinison was the girl’s dad.

via Kinison friend says comic fathered child – Yahoo! News.

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DNA tests can be wrong!

He says he lost 5 years with his daughter because of a medical mix up at VCU medical center. A mix up that said he was not the girl’s biological father. “I hate to see her walk out that door,”says Robert Downer. Downer says it all started 6 years ago, when he took a paternity test at VCU Health system in 2003. It said he wasn’t the biological father of little Cassidy Walker. But Downer felt in his heart and soul that he was. Downer says, “I will never forget her first night here, “her very first night here, when she told me that God told her that I was her daddy and it hasn’t been the same since.”

ANCPR Says:

DNA tests tend to be a slam dunk in court.  Apparently, as this case tragically indicates, you can’t necessarily trust these labs.

via Paternity Test Turns Henrico Man’s Life Upside Down – wtvr.

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