Published: May 02, 2008 01:48 pm         

Editorial: Paternity law unfair, antiquated, but fixable

Editorial: Paternity law unfair, antiquated, but fixable



Opinion: The Tribune-Democrat, Johnstown, Pa.



As was reported recently in The Tribune-Democrat, Mark Spaid of Millville, Columbia County, like many other men in the state, is caught in what we believe is a totally unfair law called presumption of paternity.

Spaid is financially responsible for a child he did not father. Even though his wife left him and took the children. And Spaid has, via a doctor, verified that he is sterile and unable to father children, due to a vasectomy he had two years prior to his wife’s cheating that lead to her becoming pregnant by another man.

Grounded in English common law, the ruling assumes a husband is the legal father of any child born during his marriage.

Spaid, a laborer, was unaware of the presumption law when he asked the court for a paternity test in 1992.

Understandably, he was floored when the judge in the case denied his request and ordered him to pay $20 a week in support.

This amount later ballooned to $71, more than half his take-home pay.

The fact that DNA testing is available and would prove he is not the father means nothing, because of the current law on the books.

We believe this law is antiquated, unfair and should be fixed as soon as possible.

In addition, we believe the mother should be forced to reveal the real father before any child support is paid.

Granted the children are innocent and should receive the support they need and deserve. However, the biological father of the children should be the one to bear this burden, not an innocent man.

And certainly a cheating wife should not be rewarded for her promiscuous behavior.