The Need for DNA Paternity Testing as a Reproductive Right for Men in the United States
In the United States, the establishment of paternity is a pivotal legal and emotional aspect of family life. Yet, despite the importance of this matter, there is currently no state or federal law mandating DNA testing to establish paternity. This situation leaves fathers vulnerable to paternity fraud, undermines their rights, and does a great injustice to children who have been misled by their mothers. This article explores the absence of mandatory DNA paternity testing, the consequences of paternity fraud, and the necessity of including DNA paternity testing as part of men's reproductive rights legislation.
The Lack of Mandatory DNA Testing
Contrary to some online claims, neither federal nor state laws in the United States require DNA testing to establish paternity. While certain states like Florida, Tennessee, Maryland, and Ohio have introduced laws requiring DNA tests for fathers, these tests are not mandatory. Instead, all 50 states offer voluntary acknowledgment of paternity (VAP) programs, allowing biological fathers to establish their parentage by signing a form or affidavit. However, no state mandates genetic testing before signing the VAP form.
Paternity Establishment via VAP
The VAP program typically involves providing an unmarried biological mother with a form to establish paternity with the biological father. Signing this form is a voluntary acknowledgment that the intended father is the parent of the child. It is crucial that this form should not be signed if there is any doubt regarding paternity because, once signed, it waives the right to any genetic testing to establish paternity.
Moreover, many states require a notary or witnesses during the signing process and ensure that the father is fully aware of the responsibilities they are undertaking by signing the form. The VAP program is designed to be a voluntary, informed decision on the part of both parents.
Legal Recourse and Paternity Testing
In cases where a VAP form was not completed, or if parentage is being contested in court proceedings, parties can request that the court orders genetic testing. This court-ordered testing is legally binding on all parties involved.
Federal Law and Funding Ties
Federal law plays a role in the establishment of paternity, as having a VAP process is required for states that wish to receive federal funding for child support enforcement (CSE) programs. These programs aim to ensure that children receive financial support from both parents, as stipulated under the Social Security Act Title IV Section D (IV-D).
Federal statute 42 U.S. Code section 666 mandates that states must have a hospital-based program to establish paternity voluntarily. A signed acknowledgment or VAP form is legally recognized as a finding of paternity after 60 days, as per the law.
The Urgent Need for Change
While federal funding requirements ensure that all states have VAP programs in place, the lack of mandatory DNA testing leaves a significant gap in the protection of men's rights and the best interests of children. Paternity fraud can have devastating consequences for men who are misled into believing they are biological fathers, only to later discover they are not.
Furthermore, children have a fundamental right to know their true parentage, and withholding this information through paternity fraud does them a grave injustice. To address these issues, there is a pressing need to incorporate DNA paternity testing as part of men's reproductive rights legislation. Men should have the right to request and receive DNA paternity testing at the birth of a child, ensuring transparency and fairness in establishing paternity.
The absence of state or federal laws mandating DNA testing for paternity establishment in the United States leaves men vulnerable to paternity fraud and does not adequately protect the rights of fathers or the best interests of children. It is imperative that legislation evolves to recognize the importance of DNA paternity testing as a fundamental aspect of reproductive rights for men. By doing so, we can ensure justice, transparency, and fairness in the establishment of paternity, benefiting both fathers and their children.
The current state of protection, care, and consideration, regarding Men's Reproductive Rights is severely lacking at the legislative level within the United States. The emotional as well as financial toll upon men within this area is staggering. Both children and Men are suffering because of this state of affairs and action needs to be taken now, if we are to successfully address this pervasive injustice. There is an immediate need for action, change, and reform which is one of the reasons why Passport Bros LLC chose to launch its recent petition "Help Save The Lives of Millions of Men".
If you haven't already, we ask that you please Sign, Share, and Spread the word about this important petition. As Men, if we don't make the time to stand together and fight against the societal & legislative injustices that literally rob us of our dignity, respect, and hard-earned wealth, then we can't complain when the court system unfairly allows the "other half' to be awarded half of our "physical assets, present alimony, a portion of our future earnings, as well as child support (if children are involved)."
Gentlemen, there's strength in numbers. Remember the power, strength, and sheer massive force utilized by the Roman Empire when it faced obstacles and challenges. We as men, must start to talk and discuss these serious issues that are impacting us individually as well as collectively. If we do not stand together and demand better treatment and respect from all levels of government and society, then no one else will stand up and demand it for us....the time to unite our forces and act is now while the very core of society is shifting right before our very eyes.
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