By Dianna Thompson
Paternity establishment is essential. Children deserve the opportunity to know and form secure, loving relationships with their fathers and extended family members. Establishing paternity ensures that a father has legal rights and that children are entitled to their inheritance, their father’s medical and life insurance benefits, Social Security and veterans’ benefits, and access to their paternal family medical history.
Every year, men are wrongly assigned paternity for children they didn’t father due to:
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- In-Hospital Paternity Acknowledgements
- Marital Paternity Fraud
- Default Judgements
In-hospital paternity acknowledgments are a cornerstone of government policy and a requirement for any state seeking TANF funds. This is an example of good intentions gone wrong. If the program were well-designed and included DNA testing before asking a man to sign a “paternity acknowledgment,” it might be effective. However, a program that fails to screen out false paternity establishments may achieve temporary statistical success but imposes enormous enforcement burdens and emotional costs on the victims of false establishments.
For centuries, courts adhered to a principle known as the “presumption of paternity.” This common law rule holds that a man is considered the legal father of any child born to his wife during their marriage unless he can prove that he is sterile, impotent, or was away from home at the time of conception. The Romans first adopted this rule, and it was incorporated into English common law around 500 years ago. Despite scientific advances and case law supporting the use of DNA tests as evidence to exonerate the accused, the presumption of paternity remains in practice even today.
Presumptions of paternity served a useful purpose in an era when the truth was difficult to obtain. However, we now live in a time where DNA testing, available for less than $200, can definitively determine whether a particular man is or is not the father of a particular child.
Mothers applying for child support or welfare benefits are required to disclose the identity of their child’s father to establish paternity and approve benefits. However, there is no requirement for mothers to truthfully disclose to the alleged father, government officials, or the courts if another man could be the true father.
Applicants for child support and welfare benefits are required to provide the “last known address” of the alleged father. However, in many cases, the addresses given are incorrect, causing the summons for paternity establishment to be sent to the wrong address. As a result, the alleged father never receives it. When he fails to appear in court because he did not receive the summons, a default judgment is issued, and he is declared the legal father without his knowledge.
The Governor of the most populous state in the Union vetoed an effort to reduce paternity fraud, citing concerns that reducing paternity fraud might result in financial losses for the government. With billions of dollars in federal TANF funds and incentive payments at stake each year, states are under tremendous pressure to achieve high paternity establishment rates. While federal law does not mandate or authorize establishing paternity against the wrong man, it also does not prohibit or penalize incorrectly identifying a man as the father.
Eligibility for federal funds under TANF and the incentive formula is based solely on the number of paternity establishments, without any requirement to ensure that the right men are identified. Given the substantial federal funds involved, it’s not surprising that states are heavily incentivized to establish paternities, with little regard for accuracy—any man will suffice to meet the quotas.
Paternity fraud can cause significant harm to both men and children in various ways:
Harm to Men:
Financial Burden: Men wrongly identified as fathers may face significant financial strain due to child support payments, which can impact their financial stability and future.
Legal Complications: The legal process to contest paternity can be complex, costly, and time-consuming, often requiring extensive legal representation.
Emotional Distress: Being falsely identified as a father can lead to emotional and psychological stress, affecting personal well-being and relationships.
Reputation Damage: Being falsely labeled as a father can harm a man’s reputation and social standing, impacting his personal and professional life.
Harm to Children:
Emotional Impact: Children may experience emotional distress from being associated with a man who is not their biological father, potentially leading to identity and attachment issues.
Inaccurate Medical History: Children may lack access to accurate paternal medical history, which is crucial for diagnosing hereditary health conditions or understanding health risks.
Relationship Issues: The presence of a falsely identified father can create confusion and tension in family dynamics, affecting the child’s relationships with both the biological and legal father figures.
Legal and Financial Conflicts: Children may face legal and financial complications related to inheritance and benefits, as the wrongful paternity may affect their eligibility for certain entitlements.
These impacts highlight the critical need for accurate paternity determination and the implementation of effective policies to prevent and address paternity fraud.
Straightforward Measures to Combat Paternity Fraud:
Paternity Testing at Birth: Require DNA testing at birth to confirm paternity.
Legislative Action: Enact a federal law stating that no paternity determination is final until a DNA test verifies the identity of the biological father.
Incentive Alignment: Ensure that only paternities confirmed by DNA tests are counted toward state compliance with paternity establishment targets and incentive payments.
Additionally, Congress should mandate that the federal bureaucracy identify and document victims of paternity fraud, establish mechanisms for their relief, and develop procedures to prevent future occurrences of paternity fraud.K
Dianna Thompson is a nationally recognized expert on families, stepfamilies, and divorce-related issues. Dianna is an authority on domestic policy as it pertains to men, women, and children. A longtime political analyst, lobbyist, and spokesperson, Dianna has testified all over the country on legislation that affects families and served as the Chairman of the Family Law Reform Committee in Los Angeles, CA.
Dianna was instrumental in drafting the very first paternity fraud bill in CA and has testified all over the country on similar bills. In 2002, Dianna worked closely with Senator Rodrick Wright, sponsor of the California Paternity Justice Act (AB2240), which was passed by the California legislature; but, later vetoed by Governor Gray Davis – Dianna was one of the first spokespersons on this issue. She has done countless radio shows and made numerous television appearances as an expert on paternity fraud. Additionally, she has written numerous articles and quoted in the largest newspapers and magazine in the country regarding paternity fraud.
Dianna has made numerous local and national television appearances, including the NBC Today Show, NBC The John Walsh Show, CNN, CNN Financial Network, Fox News Live, Montel Williams, MSNBC, and Court TV’s Catherine Crier. She has also made hundreds of radio appearances, including National Public Radio, Radio America, Talk America, ABC Radio, CBS Radio, the Jim Bohannon Show, the Dennis Prager Show, the Lionel Show, the Mike Gallagher Show, the John & Ken Show, the Bill Handel Show, the Jason Lewis Show, the Tom Leykis Show, the Chris Core Show, the BBC, and more.
Dianna has written columns for or been quoted in hundreds of major newspapers, magazines and websites, including Time Magazine, Redbook, Jane Magazine, the ABA Journal, Playboy, Smart Money, Black Enterprise, Insight magazine, USA Today, the Chicago Tribune, the Los Angeles Times, Newsday, the Orange County Register, the Detroit News, the Washington Times, the Boston Globe, the Philadelphia Inquirer, the Washington Post, the Newark Star Ledger, the Miami Herald, the Minneapolis Star Tribune, the Christian Science Monitor, the Arkansas Democrat Gazette, the Sacramento Bee, the Tulsa World, the Houston Chronicle, the San Diego Union Tribune, the Pittsburgh Post-Gazette, the New York Sun Times, the Chicago Sun Times, the Cincinnati Post, the Seattle Times, and the Associated Press.
Dianna is a sought out speaker and has spoken all over the country regarding paternity fraud, divorce, and family-related issues affecting men, women, and families.