Potential Father passed away

fuentes12 · #1 10-04-2006, 10:21 PM

Hi I am for Indiana. My case is very confusing. When I turned 13 yrs old I found out the man that I thought was my father was actually not my father. The man who is said to be my biological father had passed away a year prior to me finding out. So now I am 26 yrs old and have lived with this for years now. I finally got in contact with the brother of my said to be father he said he would submit to the DNA reconstruction but he also told me his girlfriend is a lawyer. which I don't belive and he wanted me to write a letter stateing why I want to have the testing done and that I did not want any money. So I wrote what he had asked for and I never herd back from him so I called him sunday and he was a complete jerk!! So now I think I am done being nice about everything I want to know if I can petion him and his other brother to take the tests or can I take it to court and have the medical records and any kind of useable DNA that the hospital might still have released to be tested. This is hard for me I have had this on my mind since I was 13 yrs old and I have to know the truth I think it is time and I hope that someone here can please help me

Need2know8205 · #2 10-04-2006, 11:44 PM

Quoting fuentes12

Hi I am for Indiana. My case is very confusing. When I turned 13 yrs old I found out the man that I thought was my father was actually not my father. The man who is said to be my biological father had passed away a year prior to me finding out. So now I am 26 yrs old and have lived with this for years now. I finally got in contact with the brother of my said to be father he said he would submit to the DNA reconstruction but he also told me his girlfriend is a lawyer. which I don't belive and he wanted me to write a letter stateing why I want to have the testing done and that I did not want any money. So I wrote what he had asked for and I never herd back from him so I called him sunday and he was a complete jerk!! So now I think I am done being nice about everything I want to know if I can petion him and his other brother to take the tests or can I take it to court and have the medical records and any kind of useable DNA that the hospital might still have released to be tested. This is hard for me I have had this on my mind since I was 13 yrs old and I have to know the truth I think it is time and I hope that someone here can please help me

Maybe try going through the courts, to petition a DNA test?
I'm not too sure, but you could try it.

Sincerly,
Jane Doe

aaron · #3 10-05-2006, 09:46 AM

It appears from the Indiana Code that a child may only initiate an paternity action for two years after the child becomes competent, which would ordinarily be the age of 20 (18 + 2).

fuentes12 · #4 10-05-2006, 10:47 AM

There has to be something I can do. I am not doing this for anykind of finacial gain. I just want to know if he is my father there has to be some kind of loop hole I looked at the Indiana code and it has a list of exceptions one being (6) a responding party cannot be served with summons during the two (2) year period. I did not find out who anyone in his family was until this year Aug 2006. So there for I had no one to submit to the test until now would that count

rmet4nzkx · #5 10-05-2006, 12:07 PM

Then when you file your petition with the court, you will include that you only discovered the relatives. It is very possible that your potential brother is afraid that you are seeking an inheiritance.

aaron · #6 10-05-2006, 12:11 PM

Yet there's this:

Quoting IC 31-14-5-5 - Action to be filed during lifetime or within five months of death of alleged father

31-14-5-5 Sec. 5. Notwithstanding any other provision of this chapter, an action must be filed:

(1) during the lifetime of the alleged father; or

(2) not later than five (5) months after his death.

Perhaps there's a different male relative who would be more cooperative.

fuentes12 · #7 10-05-2006, 12:27 PM

but I did not find out he was my father until over a year after he had passed away and at the time i was only 13 yrs and of coarse i didn't belive it it was actually not confrimed to me until I was 25 and my grandmother and my uncle called me and told me the whole story and my uncle was best friends with deceased. He is actually the one who finally got me incontact with they family. also I wonder he lived in IL and died in IL would my case take place in IN or IL

yes I think that my potential uncle is afraid that I will seek the inheritance. because he had a accident at work and was on life support for years so the family got alot of money from the company when he passed away he has no other children and was never married when he got hurt he was only 28 yrs lod and was on the feeding tubes until he was 33yrs he was in a veggitative state. So yes I am sure they are worried about the money but I don't want the money at all I even put it in writing that i was doing this for my medical records

just to make a correction it is my potential uncle. The brother of the deceased. Not my half brother he has no other children

fuentes12 · #8 10-05-2006, 03:38 PM

there is another brother but in order to do the test I need both brothers the test is called DNA reconstruction. what they do is take the two brothers and match there DNA and they come up with a profile then they match my DNA to there profile to see if there is any relation. So the test can't be done unless both of them take part I also put in writing that I am paying for all costs related to the test so its not like they will be out any money

rmet4nzkx · #9 10-05-2006, 04:19 PM

Quoting fuentes12

but I did not find out he was my father until over a year after he had passed away and at the time i was only 13 yrs and of coarse i didn't belive it it was actually not confrimed to me until I was 25 and my grandmother and my uncle called me and told me the whole story and my uncle was best friends with deceased. He is actually the one who finally got me incontact with they family. also I wonder he lived in IL and died in IL would my case take place in IN or IL

yes I think that my potential uncle is afraid that I will seek the inheritance. because he had a accident at work and was on life support for years so the family got alot of money from the company when he passed away he has no other children and was never married when he got hurt he was only 28 yrs lod and was on the feeding tubes until he was 33yrs he was in a veggitative state. So yes I am sure they are worried about the money but I don't want the money at all I even put it in writing that i was doing this for my medical records

just to make a correction it is my potential uncle. The brother of the deceased. Not my half brother he has no other children

Your mother really should have done something when he was stil alive, you would have been entitled to social security dependents/survivors benefits. until you were 18. Try making application to the court where you were born and explain the circumstances, perhaps a judge will order it.

fuentes12 · #10 10-05-2006, 10:50 PM

well every thing is looking up now. The brother contacted me this evening and he apologized for being short with me. He said he had gotten in contact with his other sibling and they are both willing to do the tests. But before they get tested they want me to find answers to there questions. What do they do with the DNA samples after the testing is performed? Do your results automatically get entered in the police system? What happens to all the DNA records if the company goes out of bussiness? So if any one happens to know the answers or knows where I can find them please let me know. Cause the sooner I find out the Sooner they get tested!!