Paternity Fraud and DNA Testing: A Legal Analysis of the New Tennessee Law
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A major problem that impacts many men, kids, and families is paternity fraud. It occurs when a woman, either on purpose or by accident, makes a false claim that a guy is her child’s biological father. The male could be forced to pay child support, lose his parental rights, or experience emotional pain as a result, which could have disastrous effects. In addition, the child may suffer from not knowing their genuine biological father or their medical background.
I will define paternity fraud, discuss prevention strategies, and discuss the new Tennessee law about paternity fraud in this blog article. Along with offering my viewpoint on the subject, I’d like to hear from you in the comments section.
How often is paternity fraud, and what does it entail?
Lying about a child’s paternity is a type of fraud known as paternity fraud. It may occur in a variety of ways, including:
lying in court or on an application for a job
falsifying the findings of paternity DNA tests
giving false information when expecting
forcing or deceiving a man into signing a paternity acknowledgement form on his own
hiding or rejecting the possibility of a different father
Ten percent of males may be raising a child that is not biologically theirs due to paternity fraud, according to some research that suggest the problem affects up to 10% of the population. However, because many cases go unreported or undiscovered, it is difficult to pinpoint the precise prevalence of paternity deception.
What effects does paternity fraud have on its victims?
The victims of paternity fraud, the males as well as the children involved, may suffer severe and long-lasting consequences. Among the potential effects are:
Financial loss: The male can be required to cover the costs of an unborn child, including alimony and child support. In a divorce or separation, he can also forfeit his possessions or rights to inheritance.
Legal liability: Even though he is not the child’s biological father, the guy may still be held legally accountable for the child. He can be the target of state or mother-filed lawsuits, civil litigation, or even criminal accusations.
Emotional distress: The lady who lied to him may have made the male feel cheated, duped, or ashamed.
Health risks: The male can be at risk for hereditary problems or STDs that he was unaware of. Additionally, he might not receive crucial medical information or treatments that pertain to his biological child.
Identity crisis: When a child learns that the guy they believed to be their father is not, they may experience feelings of confusion, anger, or hurt. They might also experience difficulties with their sense of heritage, identity, or belonging. They can stop communicating with their paternal relations or their biological father.
How is paternity fraud avoidable?
The most effective method of preventing paternity fraud is to use a trustworthy DNA test to determine a child’s paternity. A DNA test can establish the likelihood of paternity with 99.99% accuracy by comparing the genetic makeup of a kid and a possible father. Using a prenatal paternity test, a DNA test can be performed at any time, even before to the child’s birth.
Nevertheless, not all men are aware of or have access to DNA testing. Some males might sign a VAP without confirming the child’s paternity because they trust their partners. A voluntary agreement for parental rights (VAP) is a legal instrument that certifies a child’s paternity and assigns rights and obligations to the father. It is extremely difficult to contest or cancel a VAP once it has been signed, even if the guy subsequently learns that he is not the biological father.
What options are available to males who wish to confirm or deny their paternity?
Depending on the circumstances, a male may be able to confirm or refute the paternity of a kid through a few different channels. Among the choices that are feasible are:
The male has three options for where to get a DNA test: the mother, the court, or a private lab. He can take this action as quickly as possible, but ideally before signing a VAP. He can contest the paternity if the results of the DNA test show that he is not the father.
Putting up a fight: If the male has a good reason, he has the right to take a VAP to court. He is able to assert that the VAP was executed under fraud, coercion, or error. Additionally, if a DNA test proves he is not the father, he can share that information. He must, however, complete this task within a specific window of time—typically, five years after the VAP’s signature date.
Disestablishing paternity: If the man satisfies specific requirements, he may be able to do so in court. He can demonstrate that terminating the legal relationship is in the child’s best interest, that he is not the biological father, and that he has not behaved as the father. Additionally, he can demonstrate that the child or mother supports the disestablishment.
What is the new paternity fraud law in Tennessee?
Tennessee enacted a new law in 2023 with the intention of safeguarding biological dads’ rights and preventing paternity fraud. The bill, HB 253/SB 331 for short, makes it illegal to fabricate a child’s paternity in order to deny the child’s real biological father his parental rights. This particular type of fraud is classified by the law as a Class B misdemeanor, which carries a maximum penalty of $500 in fines and six months in jail.
The legislation also provides some exceptions in situations where rape resulted in the kid’s conception, in circumstances where the child has already been adopted or is in the process of being adopted, or if the defendant’s spouse was the victim of the offence at the time of the offence.
However, contrary to a prior bill, HB 2698, which was submitted in 2022 but failed to pass, the law does not mandate DNA testing for unmarried fathers prior to them signing a VAP. Additionally, there is currently a five-year statute of limitations on disputing or rescinding a VAP due to fraud, duress, or error; this is not addressed by the law.
What are the new Tennessee law’s advantages and disadvantages?
Depending on your point of view, there are some advantages and disadvantages to the new Tennessee law. Among the potential advantages and disadvantages are:
Benefits: The victims of paternity fraud are given some protection by the law, which recognizes it as a crime. The law might encourage women to tell the truth about their paternity or discourage some from lying about it. Some biological fathers may also be able to seek justice for their losses or restore their parental rights with the assistance of the law.
Cons: Paternity fraud is not prevented by law from occurring in the first place. Before signing a voluntary agreement for adoption (VAP), which would guarantee that the father’s rights and responsibilities are founded on the truth and that the child’s paternity is confirmed, the law does not require DNA testing for all unmarried fathers. Additionally, men are not permitted by law to contest or revoke a VAP at any point. if they can show proof of error, duress, or fraud.
What do I think about the new Tennessee law regarding paternity fraud?
In my opinion as a concerned citizen and blogger, paternity fraud is a significant issue that requires attention. Every child has a right to know who their real biological father is, and every father has a right to know who their real biological child is, in my opinion. In my view, every man should be exempt from having to pay child support or face legal repercussions for having a child that is not his.
The fact that the new Tennessee legislation recognizes paternity fraud as a crime and offers some victim protection makes me believe that it is a positive move.
On the other hand, I also believe that the law is insufficient because it does not stop paternity fraud from occurring in the first place. In my opinion, all unmarried fathers should be required by law to undergo DNA testing prior to signing a voluntary agreement for parenthood. This would guarantee that the father’s rights and obligations are founded on the truth and that the child’s paternity is confirmed. In my opinion, males should have the legal right to contest or revoke a VAP at any point if they can provide proof of fraud, coercion, or error.
I hope you now have a better understanding of the paternity fraud problem and the recently passed Tennessee statute thanks to this blog post. I hope you enjoy your day and thanks for reading!
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