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Apr 30th, 2008

Presumption of Paternity and DNA Testing

According to recent reports, most states across the U.S. are now allowing men to use DNA testing when challenging paternity.

However, studies have found that many states are still enforcing time limits and other conditions for doing so.

Doctrine Makes Fatherhood Difficult

The presumption of paternity doctrine assumes that the husband is the legal father of any child that is born during the marriage.

It was supposedly created to preserve marriages and to ensure that the financial and emotional needs of the children are provided for.

However, it has also angered men throughout the United States who are being forced to support children who are fathered by others.

Laws with Fine Lines

In Pennsylvania, courts have made it so that a husband may be able to overcome the presumption of paternity if he can prove that he is either impotent or sterile.

If a man can prove that he was away from his wife at the time of conception, he can also be exempt from presumption of paternity.

According to many critics of the paternity doctrine, including men’s rights groups, the presumption of paternity is an “antiquated and unfair doctrine that punishes the innocent and rewards the guilty.”

(Source: Philly.com)

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