Resolving Paternity Between Two Brothers
My question involves paternity law for the State of: Pennsylvania
A friend, who is now 26, recently discovered the man she thought was her father (A), might in fact be her uncle.
FACTS:
- "Father A" and "Father B" are brothers. "Father B" was with the mother for almost two years when she left him for "Father A"
- Six months later, my friend was born
- She has two birth certificates, one with her mother's maiden name as her last name and one with "Father A" name as her last name. On both certificates, "Father A" is listed as the father.
- "Father A" did not marry the mother until after the 3rd child was born. After the fourth child was born, "Father A" left the mother for another. Then called child services and had the children taken from the mother.
- The mother died while children were young. And my friend was told she didn't have any other living relatives besides "Father A"
- "Father A" did get the children back, but because he was physically abusive, the children were taken away and placed in foster care again.
- "Father B" has stated he always believed my friend to be his daughter and he frequently called his brother, "Father A" to find out about the children. At no point did "Father A" ever tell him that the kids were in foster care.
- "Father A" has stated that he adopted my friend when she was 9.
- "Father B" found my friend through facebook a few days ago and told her he always believed he was her father. And that he tried to stay in contact with them, but his brother made it difficult and never told him that the children were in foster care.
Where does she go from here?? She'd like to know who her real father is, she'd like to have the name changed on the birth certificate. A push in the right direction would be greatly appreciated. I understand there might be some specific DNA test that would have to be done because the potential fathers are brothers. Is this true?
Re: Unique Situation - Paternity Between Two Brothers
There's nothing stopping her and B from submitting to a DNA paternity test.
However, if B does turn out to be her biological father he may have to go through with an adult adoption to establish himself on the birth certificate.
Re: Unique Situation - Paternity Between Two Brothers
if she wants to know who is her father, she should get DNA samples as directed by whomever she pays to do the testing. It would likely be her and both possible fathers to be as accurate as possible. Then, if it is discovered her real father is not listed on her BC, and she wants it corrected, start here:
http://www.portal.state.pa.us/portal...cates/612936#G
I suspect she would have to file a suit to determine paternity with the courts and have an officially recognized DNA test performed. I would have to search but they may not even allow it as often times, who is the legal father may have nothing to do with who is the biological father. If PA follows that stand, she would not be able to change who her legal father is.
Re: Unique Situation - Paternity Between Two Brothers
Yes, they are discussing doing a DNA test, they just didn't know if it had to be court ordered to be legal. And I'll pass on the information about adult adoption, I had never heard of that before and didn't realize that was something that could be done. Thank you!
Re: Unique Situation - Paternity Between Two Brothers
PA won't generally allow a challenge to legal paternity this long after the fact, unfortunately - I do think an adult adoption might be the much easier and cheaper way to go.
Still, it might not hurt to have a chat with a PA attorney just in case. :)
Re: Unique Situation - Paternity Between Two Brothers
the adult adoption doesn't address the question of who is the actual father though.
You can do a private DNA test if you want to know who the real father is. It does not have to be court ordered or sanctioned. There are reputable labs out there, some of which are the labs that a state actually uses. The thing with a court approved test is there are legal rules to follow concerning chain of custody to ensure that there is no mixup in handling of the samples.