Child Support
PA Paternity Law Tricky for Non-Dads
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April 28th, 2008
"Presumption of Paternity in PA"
Even if a man is not a child’s biological father, he may be required to pay support under a Pennsylvania law that assumes husbands are responsible for children born during marriage.
“Presumption of Paternity”
A doctrine derived from English common law known as “presumption of paternity” and designed to preserve marriage and the well-being of children can trump even DNA testing, as it did in the case of Mark Spaid.
Spaid was deemed the legal father of his wife’s daughter in 1992, even though he had had a vasectomy two years earlier.
Certain Considerations
While most states now allow men to challenge paternity with DNA testing, Pennsylvania still allows the courts to determine whether a man should be responsible child support. In Pennsylvania, a man can only overcome the presumption of paternity if he can prove:
- impotence or sterility
- he and his wife were not together during the time of conception
- he never claimed the child as his own
Though Spaid could prove sterility, the judge ruled against him because Spaid had stayed with his wife during her pregnancy and seven months afterward knowing that the child could not have been his.
By staying with his wife and accepting the baby into his home, Spaid was implicitly acknowledging paternity, according to the court.
Who Suffers?
Advocates for men claim the presumption of paternity law is unfair and punishes innocent men. However, groups for women’s and children’s rights argue that innocent children suffer when men challenge paternity.
Fifteen years later, Spaid was granted a DNA test when a couple agreed to adopt the girl, who was no longer living with her mother. When the DNA test excluded him as the father, he had his name removed from the birth certificate and his support obligation was ended.
(Source: Philly.com)
Child support issue? Contact an experienced family law attorney near you to discuss your circumstances.
