[malibuamber]

My brother dating and was engaged to a woman, she got pregnant then kicked him out. He moved to Rhode Island when she was 6 months pregnant. The woman ended up giving birth in her 7th month. When the baby was born it was obviousl;y premature. He opened a case with DCF fearing for the childs safety due to her drug use and because of another father & child she has. The least to say the baby died yesterday due to SIDDS I believe they said. The autopsy wont be done until Wed. and the body wont release until Thursday where the mother is trying to get it cremated before paternity can be established. I have advised him to go to an attorney. But no one is taking responsability for the death of this child. DCF washed their hands of it stating there is nothing for them to do now that the baby is dead. and the hospital where the body is at states they do not get into paternity or legal matters per the risk management department. What does he do? What if this child is cremated before they establish paternity. The woman is being horrid by not talking with him but made her friend call his ex best friend to tell the ex fiance oh by the way your baby just died.

Help. This is all happening in Orlando, FLorida

[aardvarc]

Can you identify exactly what you'd like to know?

Responsibility for the baby's death? The autopsy report will indicate a cause of death. SIDS is listed when the medical examiner has been able to eliminate all other causes (including toxins, drugs, or poisons in the baby's system). Do you know if there is any evidence that bloodwork taken at the time of birth indicated the presence of drugs?

It's correct that DCF doesn't get involved in legal possession of a deceased. And a hospital is going to turn the remains over to the legal parent (next of kin). Since your brother created this child without the legal protections of marriage, including the usually automated process whereby he would have been assumed to be the father, he's probably out of luck.

Is there some legal reason that he wants paternity to be legally established, or is it just for his own peace of mind that the child was really his?
Legal access to a body is different than a court simply ordering a blood test on a live infant.

[4eyedbuzzard]

It's up to the coroner/ME to establish cause of death, and the DA to determine if a crime has been committed and the people have a case.

Why would he want or need to establish legal paternity?

Is he contemplating a wrongful death suit against the ex-fiancee mother?

[GV70]

Sudden infant death syndrome/SIDS/is a syndrome marked by the symptoms of sudden and unexplained death of an apparently healthy baby.SIDS is a diagnosis of exclusion. It should only be applied to an infant whose death is sudden and unexpected, and remains unexplained after the performance of an adequate postmortem investigation including:an autopsy,investigation of the scene and circumstances of the death.

Can you identify exactly what you'd like to know?

Good question!

It's correct that DCF doesn't get involved in legal possession of a deceased. And a hospital is going to turn the remains over to the legal parent (next of kin).

Agree.The Department of Children and Families is not obligated to establish paternity in this case.

. What does he do? What if this child is cremated before they establish paternity.

In my view he can do nothing.

[gigirle]

The woman ended up giving birth in her 7th month. When the baby was born it was obviousl;y premature.

Based on what?

[aaron]

You're asking how you would know if a baby born in its seventh month was premature? That would be because normal human gestation is nine months.

If he wants to do something, he can try to get in touch with a probate lawyer, and discuss whether he may be able to get any relief or say in what happens if he opens an estate for the child.

Based on what?

I think what is meant here is how does OP's brother know how far along this woman was? If he was not Father or she was further along then he assumed then child may not be premature

[gigirle]

You're asking how you would know if a baby born in its seventh month was premature? That would be because normal human gestation is nine months.

What I was asking is how the OP knew it was premature. Did he know the date of conception etc. Obvioulsy paternity is a question. A normal human gestatin is 40 weeks. The baby could have also been very close to full term and had something wrong with it (low birth weight due to drugs for example)and just looked premature.. I find it odd that someone has mentioned SIDS when if it were premature...say at 29 weeks, it would have been more likely that the baby's death would be more likely a result of premature lung incapacity. Hospitals don't like to stick the term Sudden infant death syndrome on a baby when in fact the cause would be known.

[GV70]

OK-if I am not mistaken SIDS should only be applied to an infant whose death is sudden and unexpected, and remains unexplained after an autopsy

[gigirle]

Generally yes, this is why I was asking questions.
However, it is not uncommon when the hospital tells the family of the death and that they will do autopsy to find cause that they only HEAR SIDS and jump to conclusions.