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Is it right to force a man who learns that he is not
the biological father of a child to support the child
and to jail him if he doesn't? Last week, the
Judiciary Committee of the Colorado Senate said no, at
least not if the child is under age 5. If that state's
House and governor agree, Colorado will join a handful
of states that have acted to protect those who have
come to be called "duped dads."
Several states allow parental responsibilities to
be abolished once paternity is ruled out, no matter
how old the child is. Prove that the kid isn't yours,
and you're off the hook.
New Hampshire law is unclear on the issue. It is in
the best interest of children, most of all, that
lawmakers clarify the situation.
Other legislatures are debating what the
appropriate time limit should be for challenging
paternity. After some point, the harm to children who
have developed an emotional bond with the men they
thought were their fathers and who require financial
support may be too great to revoke paternity.
It's hard to say how many false fathers there are.
Estimates vary widely, but a recent study of 65
analyses of paternity cited by The New York Times
placed the percentage of mistaken or misled fathers at
1.7 to 3.7 percent. Studies suggest that men who
suspect they might not have fathered a child
considered to be theirs are right about 30 percent of
the time.
In New Hampshire, any child born to a married
couple is presumed to be that of the husband.
Paternity can also be established by signing an
affidavit or by tests when the woman is unwed.
The reform of federal welfare laws has made for
aggressive prosecution and pursuit of deadbeat dads.
New Hampshire law allows the state to attach wages,
place liens on property, suspend the licenses of
parents who owe child support payments and jail them.
The federal government can deny a passport to a parent
in arrears.
Once paternity has been established in New
Hampshire, the responsibilities that come with it can
be removed only by a court. The law gives judges broad
discretion in the matter, and their views could
differ.
In a 2003 opinion, the state Supreme Court lifted
the child support responsibilities of a man who
wrongly assumed he had fathered a child, but it denied
his request that the state reimburse him for back
child support payments. Payment, the court said, would
have to be collected from the biological father. The
mother, if she deliberately misled the man, could be
sued for fraud, the court said.
Testing to establish paternity can now be performed
relatively cheaply and, if a child's hair sample is
used, even without the knowledge of both parents.
The increasing use of genetic screening and other
medical tests also means that more people are learning
the truth inadvertently. Knowledge of wrongful
paternity can present hospitals with an ethical
dilemma. Tell, don't tell, or lie and say the test
results were inconclusive.
There is far more to fatherhood than fertilization.
At some point, a man who treats a child as his own is
that child's father in what may be the most important
way of all. The bond becomes bigger than biology.
The question of when to disestablish paternity is
not an easy one, but uncertainty about the law
benefits no one. Lawmakers should begin to debate the
proper balance between the rights of mistaken fathers
and the needs of children who would be harmed if the
men they've called Dad can sever the relationship.
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