Legal Question in Family Law in Pennsylvania
DNA testing
DNA testing can be used to free convicted murderers and rapists from jail, but not to provide rights to a biological father in cases where there is a husband who is not the father of a child. Why is it this way and what needs to be changed? Does the wife/mother have any say in the outcome?
2 Answers from Attorneys
Re: DNA testing
DNA can be used to provide rights. If there is not an existing paternity, custody or support order an action for genetic testing can be brought.
However, if there is an intact family biological or not, the court may deny a biological father from asserting parental rights.
Basically the legislature could change the rules but right now they don't want to break up an intact marriage to allow a father to assert his rights.
If this situation applies to you, get an attorney to assist you in obtaing DNA testing.
Good luck to you.
Re: DNA testing
Its public policy to not allow DNA evidence to be used where there is an existing intact marriage.
Public policy is made by the legislature. Other examples of statutes based on public policy are those that do not allow for contracts to avoid child support.
{John}