Mandatory Paternity Testing

In 20 states, once a man is paying child support, he cannot challenge paternity. In another 30 States, a man has only 24 Months to learn he is not the father, and file a challenge against being obligated to pay child support.

In January of 2009, the Kansas Legislature turned down the passage of a law to allow challenges to paternity even in cases where the man has never had contact with the child. The issue rose from a case involving a man who had a claim filed against him while on Active Military Duty when he was unable to return to the US to challenge the claim. Child support claims not limited by the Soldiers & Sailors Civil Relief Act of 1990 (SScRA).

In June of 2009, Missouri became the 30th state to pass the law. Signed by Governor Jay Nixon, it followed the pattern of the other states with the law of having a 24-month limit on a man to learn he's not the father of the child, whether or not he's had contact. Further, he must be current in his child support, which is not refundable in the event the order is set aside due to a negative paternity result.

Many wonder why they do did not request a paternity test at the time they were ordered to pay support, but as so often happens, the mother was a girlfriend or wife. When a man does this, in the view of society, he is just trying to get out of supporting his child. It is a part of the perpetuation of the view that men are either deadbeat dads or possible deadbeat dads.

Of interest, the courts do not equally apply these restrictions to the mothers in a defense of a challenge for custody. They are often allowed to introduce evidence that a man is not the father, to prevent him getting custody, regardless of the circumstances under which the mother should lose it. In some states, it can also be used to deny access rights, without stopping the requirement to pay child support.

Further, after a divorce, in which the husband believed he was the father, a custodial mother can file for up to 18 years of retroactive child support on the bio dad. in a 1997 Michigan case, after the divorce, the mother filed for, and was awarded, 14 years of retroactive child support from the bio dad. Of significance, he was 12 years old when she was sexually abusing him, and got pregnant. He never told anyone about it, and by the time to she file for the retroactive child support, the statutes of limitations to be charged with a crime had run out.

In 2008, and again in 2009, Tennessee State Rep. G. A. Hardaway, introduced Tenn. HB25 for mandatory paternity testing on all new births, whether from an unmarried, or a married woman. It was set up that the test had to be performed before a birth certificate could be issued. The bill received steep opposition, resulting in it not reaching the State House Floor even to be debated.

In February of 2011, Kansas State Rep. Melody McCray-Miller introduced HB2246 - Mandatory Paternity Testing For Every Child Born In The State. Other than being referred to the House Standing Committee on Judiciary, there has been no other movement on the legislation.

There should be Mandatory Paternity Testing laws, not only as regards new Child Support Claims, but as regards also addressing all new births.

This is not likely to reduce the number of sexual encounters, outside a stable relationship, but it may increase the proper use of reproductive technology to prevent conception, by turning a bright light on those who intent was to commit paternity fraud on a husband, and/or boyfriend.

Children deserve the right to know from whom they came, outside a legitimate adoption, and that their mother is not carrying on a deception of who their paternal father is. And even those cases involving adoptions, once they have reached the age of understanding. Certainly, it is improper for the woman to deceive a man into believing he is the father of the child. If he then chooses to continue the relationship with the woman, and fulfill the role as a father to the child, it will be a fully informed decision, though there will still be related legal issues to be addressed.

For now, paternity kits are readily available, and every man should consider making use of one to guarantee the children they are support, and are being the father image for, are really theirs. This is not to encourage them to retract their support, financial or emotional, from the child, but rather to be fully informed should legal issues of custody and access rights should arise.