Wednesday, April 26, 2006

Some ideas on paternity fraud

Mendacious mums can't be let off lightly | Janet Albrechtsen | The Australian

I can't fault Janet's article today on the issue of paternity fraud.

Someone has suggested to her that maybe all births should be the subject of DNA testing. Wouldn't shares in the DNA test companies soar if ever that were seriously proposed!

Maybe some sort of compromise position is desirable: in the event of permanent separation with a view to divorce, then paternity testing is compulsory. The advantage of this is that the test is only done if the issue of child support is raised by the fact of separation. Currently, the Family Court is reluctant to order the mother and child to undergo testing unless the purported father has good reason to believe he is not the true father. Just having a feeling that the child might the result of (say) a suspected affair is definitely not enough.

This leaves many fathers forever suspicious of their ex-partners fidelity, and that does not help resolve issues such as property settlements which can sometimes drag on for years. Of course, some fathers may have completely ill founded suspicions, and the mother should achieve some vindication by having it proved that he is the father.

The more I think about it the better the idea sounds. Maybe some further refinements could be made: the father in any event is not allowed to recover the monies paid prior to separation towards raising the child. (If he has suspicions of infidelity during the marriage, he could ask the mother to undergo testing. If she refuses, he could always force the issue by leaving her and then the legislative requirement kicks in anyway.)

The idea might also encourage fidelity on both sides of the marriage. Husbands who have affairs with other men's wive's might be more cautious about it if it is certain that their paternity will be proved if their lover ever separates from their partner.

I don't know what the error rate of such tests is, but there should be provision to allow a party to require a repeat test by another lab if the first comes in as a big surprise.

If you think this is a good idea, write to your member of parliament, and also buys shares in a test company.

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