Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12

Hybrid View

  1. #1

    Default Concealment of Genetic Disease as Grounds for Annulment

    My question involves a marriage in the state of: New York

    Hello. I was married one month ago to a woman who is a carrier of a rare and serious genetic blood disease.
    Prior to marriage, I asked her specifically whether her family had any history of hereditary disease, as health is very important to me,
    and also asked her to take a blood test for standard STDs and Hepatitis. She, in conjunction with her parents, said they did not.

    Following a month of marriage, she revealed that her family has a history of this disease. She claims that she simply forgot to
    tell me because it was not a major concern for them. I do not concur with their opinion. As it is a genetic disease, our future
    offspring would obviously also be at risk. In addition, I do not think it's plausible that a family that carries such a disease would
    just "forget" to mention it, especially when questioned directly about it.

    Is this grounds for annulment because of fraud? thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    The disease is what? Hemophilia?

    The reason you believe she's actually a carrier, as opposed to simply having a family history, is what?

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    45 Misc.2d 206 (1965)
    Emma Pankiw, Plaintiff,
    v.
    William Pankiw, Defendant.

    Supreme Court, Trial and Special Term, Monroe County.
    February 16, 1965

    My take on this ruling: yes, it could be grounds for annulment .. depending on the specific disease and its possible effects to you and your relationship.

    I think you should see a lawyer.

  4. #4

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    Hello,

    The disease is Thalassemia. I believe she is a carrier because first, she told me that. She also has the main symptom of being a carrier, anemia.
    Even just being a carrier has symptoms - anemia that leads to lack of oxygen delivery to the body, meaning no endurance, difficulty to concentrate.
    In any case, she is now supposedly finally going to a hematologist to have this identified.

    If she had the full-blown disease, instead of just being a carrier, she would need to be on regular blood transfusions to continue living.
    She and her family say that is not the case, if they can be believed.

    There are social and psychological implications to being a carrier, not just physical. Many families with this gene hide their condition because it is a common attitude for people to not want to marry into families with genetic disease. I don't want to pass these mental or health problems on to my children.

    Thanks,
    Harold

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    Consent to such marriage by reason of force, duress or fraud
    http://www.ehow.com/how_7884443_file...riage-nyc.html

    This lists the procedure you should follow to investigate if you have a possible claim.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    Thalassemia can have very traumatic and long lasting effects on your life if you have children. I know a family with 2 girls and both have regular issues. I would think if she knew you wanted children and lied intentionally, a claim might be valid. Again, you need to consult a local lawyer familiar with your courts rulings.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    New York's annulment law provides,
    Quote Quoting New York Domestic Relations Code, Sec. 7. Voidable marriages.
    A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto:[indent]
    1. Is under the age of legal consent, which is eighteen years, provided that such nonage shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court which shall take into consideration all the facts and circumstances surrounding such marriage;

    2. Is incapable of consenting to a marriage for want of understanding;

    3. Is incapable of entering into the married state from physical cause;

    4. Consent to such marriage by reason of force, duress or fraud;

    5. Has been incurably mentally ill for a period of five years or more.
    Quote Quoting New York Domestic Relations Code, Sec. 140(e). Action for judgment declaring nullity of void marriages or annulling voidable marriage.
    * * *

    (e) Consent by force, duress or fraud. An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force or duress may be maintained at any time by the party whose consent was so obtained. An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by fraud may be maintained by the party whose consent was so obtained within the limitations of time for enforcing a civil remedy of the civil practice law and rules. Any such action may also be maintained during the life-time of the other party by the parent, or the guardian of the person of the party whose consent was so obtained, or by any relative of that party who has an interest to avoid the marriage, provided that in an action to annul a marriage on the ground of fraud the limitation prescribed in the civil practice law and rules has not run. But a marriage shall not be annulled on the ground of force or duress if it appears that, at any time before the commencement of the action, the parties thereto voluntarily cohabited as husband and wife; or on the ground of fraud, if it appears that, at any time before the commencement thereof, the parties voluntarily cohabited as husband and wife, with a full knowledge of the facts constituting the fraud.

    * * *
    Quote Quoting New York Domestic Relations Code, Sec. 144. Proof required.
    1. In an action to annul a marriage, a final judgment annulling the marriage shall not be rendered by default for want of an appearance or pleading, or by consent, or upon a trial of an issue, without proof of the facts upon which the allegation of nullity is founded. Plaintiff shall prove that there has been no such cohabitation between the parties as would bar a judgment except that in an action under subdivision (c) of section one hundred forty the plaintiff may prove instead that the mental illness still continues.

    2. In any action, whether or not contested, brought to annul a marriage, the declaration or confession of either party to the marriage is not alone sufficient as proof, but other satisfactory evidence of the facts must be produced.
    Quote Quoting Harold Sepsis
    View Post
    Prior to marriage, I asked her specifically whether her family had any history of hereditary disease, as health is very important to me,
    and also asked her to take a blood test for standard STDs and Hepatitis. She, in conjunction with her parents, said they did not.
    I infer from the rest of your post that your concern is the passage of genetic disease to your children.
    Quote Quoting Harold Sepsis
    Following a month of marriage, she revealed that her family has a history of this disease. She claims that she simply forgot to
    tell me because it was not a major concern for them.
    So at this point (a) there's a family history, but your wife may not be a carrier; (b) you have her explanation for why she didn't tell you, even if you don't believe it.
    Quote Quoting Harold Sepsis
    Is this grounds for annulment because of fraud? thanks.
    Gotta ask: Have you continued to live together as husband and wife since this disclosure was made? See NY Dom Sec. 140(e), above.
    Quote Quoting Harold Sepsis
    View Post
    I believe she is a carrier because first, she told me that.
    When you say "first, she told me that" do you mean that she initially stated that she was (or might be) a carrier, but now denies being a carrier?
    Quote Quoting Harold Sepsis
    She also has the main symptom of being a carrier, anemia.
    Also attributable to many other causes.
    Quote Quoting Harold Sepsis
    In any case, she is now supposedly finally going to a hematologist to have this identified.
    So at this point neither you nor she knows if she's a carrier - you just suspect.
    Quote Quoting Harold Sepsis
    There are social and psychological implications to being a carrier, not just physical.
    In some people. But that's a side issue.

    You have identified what you allege do to be the act of fraud - nondisclosure of a family history of Thalassemia. But you're not concerned about her family - you're concerned about her or, more specifically, any children you have with your spouse. So if you were to try to take this to court for an annulment right now you would be looking at the court pointing out that under the statute, your word is not enough - you need "other satisfactory evidence", which you won't have until the genetic testing comes back.

    Should the test come back positive, apparently your wife will deny any act of fraud, claiming forgetfulness (or perhaps irrelevance) on this issue after having otherwise passed every element of the testing regimen you asked of her - the court will entertain your argument that her position is not credible, but it will be up to the court (or jury, if one is requested) to decide that issue. Then, when the court asks if you continued to cohabitate with your wife after learning of the alleged fraud, you will either answer "yes" in which case annulment will not be statutorily permissible (as you would have "voluntarily cohabited as husband and wife, with a full knowledge of the facts constituting the fraud"), or "no" which, assuming your spouse concurs, will allow the judge to decide whether or not an annulment should be granted.

    New York does not make this easy.

  8. #8

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    Thank you for your detailed analysis! I was imprecise in some of my earlier statements. My wife said that she had been diagnosed with Thalassemia while in high school by a physician and been advised to be careful not to marry another carrier. There was never any doubt that she is a carrier. However, despite being diagnosed, she does not know the exact type of Thalassemia she has.

    She also stated that she had discussed that diagnosis with her father, who is also a carrier, and as you speculated, considered it irrelevant. Her father also has doctorate level education in health sciences, and has several siblings who, by his own admission, have the disease. Even in the unlikely event they didn't understand the word "genetic," it's clear it is a hereditary disease.

    Of course, whether or not they considered irrelevant does ease the minds of my family, which considers it a stigma that will affect the lives of our children, and future generations.

    One problem that might arise is that all of the people involved in these conversations were myself, my parents, my wife, and her parents. I am unsure how much anyone's testimony will count here, or whether her family will be truthful.

    The co-habitation part is actually easier to handle than you might think. Ours is an international marriage, so we have not yet started living together. Our time prior to marriage had been spend primarily on regular trips together and by Skype.

    It sounds like my case would stand. I think an average person would be incredulous of the excuse that she "forgot" she had a genetic disease that accounts for her anemia. Thinking the disease to be irrelevant or "not a big deal" does not change the fact that they did not mention it when asked if their family had a history of any genetic diseases, unless omission would not be considered lying in this case.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    I sincerely hope that your annullment is granted so that she is not forced to continue in a marriage with a jerk like you.

  10. #10
    Join Date
    Oct 2010
    Location
    Second star to the right...
    Posts
    323

    Default Re: Concealment of Genetic Disease as Grounds for Annulment

    Quote Quoting cbg
    View Post
    I sincerely hope that your annullment is granted so that she is not forced to continue in a marriage with a jerk like you.
    My thoughts exactly.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Annulment: Non-Disclosure of a Medical Condition as Grounds for Annulment
    By raju_2011 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 08-19-2011, 03:35 PM
  2. Retail Fraud / Shoplifting: Concealment
    By caught in forum Criminal Charges
    Replies: 2
    Last Post: 12-17-2008, 10:18 AM
  3. Medical Malpractice: Late Diagnosis of Scheuermann's Disease
    By mbolte in forum Malpractice Law
    Replies: 2
    Last Post: 10-15-2008, 07:16 PM
  4. Retail Fraud / Shoplifting: Concealment
    By Wan2bLP in forum Criminal Charges
    Replies: 3
    Last Post: 11-27-2007, 03:08 PM
  5. Annulment: Are these grounds for an annulment?
    By punkrocker in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 12-15-2005, 11:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources