[pinkaboo202]

Need help in state of Maryland.

My fiance has doubted that he was the father of the daughter of his ex-girlfriend from the moment the child was born. His doubt was basically based upon the looks of the child. He's very dark with dark hair and eyes. The mother of the child has a medium comlexion with dark hair and eyes. The child was born very pale, sandy brown hair and grey eyes. A visual would be Whitney Houston and Bobby Brown having a baby that looks like Vanessa Williams.

Anyway, his ex-girlfriend has four other children by a man who does have hazel eyes, sandy brown hair, and very pale complexion. Regardless, my fiance stuck with his ex-girlfriend throughout her pregnancy and took a paternity test administered by the county hospital a couple of days after the child was born. The results came back 99.8 percent. At that time he accepted paternity and allowed his name to go on the birth certificate as well as allowing the child to carry his last name.

After a year and a half, assuming the child would get somewhat darker as it's not uncommon for babies to be born very pale with bluish or grey tints to their eyes, the little girl never got any darker and looks identical to the other siblings which, naturally, raised his doubts and suspicions even more. He decided to re-test by ordering a paternity test from a ABA certified lab which tested more genetic markers. Using the swab method, he tested himself and the child. This time, the results totally excluded him as the father.

Question is, what should his next steps be in removing his name from the childs birth certificate? Also, he does not wish for the child to continue to carry his last name so as not to disillusion the child as she grows older, although his mother is attached to the child and wishes to remain her "Ganny".

Fortunately, the mother of the child never pressed the issue of or demanded child support, so that is not an issue.

Thanks in advance for your help.

[rmet4nzkx]

He would still have to petition the court to disestablish paternity and present the new test as evidence. Was this a private test that is certified as legal, if not the court will order another one, then if he is found not to be the father or the other man is found to be the father, then he can petition the court to change the name but disestablishing paternity may be enough, a mother can put any name on the Birth Certificate, that doesn't establish paternity. If his mother wants visitation, she may continue if mom allows or petition for visitation through the courts which may or not order visitation by a de facto grandprent. Are you stating that this child is of African-Am descent? If so, many children come up with "pretend" relatives including many Grannies and grandbabies so it may be possible to avoid court on that issue if mom cooporates.

[aaa6]

How is that technically possible--I mean, how come the two tests came back totally contradicting each other??? I thought DNA tests are pretty reliable by now.

[pinkaboo202]

Thanks for your response, rmet4nzkx.

This was a private at home test. I figured he would have to take a "legal" test in order to disestablish paternity. As stated earlier, she never pressed child support charges, so I'm hoping the process will not be as difficult.

As for his mother, she has really attached herself to the child and has spent practically every weekend with her since she was born. She says she will continue to do so and that she still looks at herself as the "Ganny". I seriously doubt if the mother of the child would problem with it.....that is, if she has the guts to look his mother in the face after all she's done for the baby.

Again, thanks for your help in this matter.

[turbowray]

I could be wrong, but I would imagine that a home test would not even be enough evidence to outweigh a hospitals test done in a facility, but who knows, a judge may order another paternity test, if the mom agrees to it, and he would have to pay for it, I would imagine! I am not a lawyer, so this is purely my guess here! Good luck!

[aaron]

How was he recognized as the father? By an acknowledgement of paternity?

(a) Declaration of paternity final; modifications.-

(1) Except as provided in paragraph (2) of this subsection, a declaration of paternity in an order is final.

(2)

(i) A declaration of paternity may be modified or set aside:

1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or

2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order.

(ii) Notwithstanding subparagraph (i) of this paragraph, a declaration of paternity may not be modified or set aside if the individual named in the order acknowledged paternity knowing he was not the father.

(b) Other orders subject to modification.- Except for a declaration of paternity, the court may modify or set aside any order or part of an order under this subtitle as the court considers just and proper in light of the circumstances and in the best interests of the child.

[turbowray]

I think a test was done by the county hospital that found him 99.8% match, and he signed the birth certificate. Is this enough Aaron, I myself do not know how it works?

[aaron]

They're seeking to set aside the order, not confirm it, so presumably they would want to use a new test which meets the legal requirements for admissibility in court.