Domestic Diversions

Proof and presumptions

The Grand Rapids Press reports on the conflict between 21st century science (DNA testing) and centuries old laws (paternity and bastardization).

Doug Guthrie writes (excerpt):
While courts today routinely rely on DNA testing in all other paternity disputes, state law sometimes referred to as the Bastardy Statute or by its British common law origin, Lord Mansfield’s Rule, defines a child born into a marriage to be a product of that marriage.

The husband of the mother is legally bound to support the child — wanted or not — as though it were his own.

Meanwhile, the biological father has no legal standing. He cannot be held responsible for the child’s welfare as long as the marriage remains intact, and he has no legal claim even to visit his child.

At issue is whether the biological father should be held responsible for a child’s support, or whether the centuries-old court rule meant to protect the sanctity of marriage should remain in effect.

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