Anonymous
Post 08/21/2020 08:53     Subject: Is DNA test a must?
Anonymous wrote:OP here. The father used to travel a lot and was not present in the hospital during the birth of the first two children. The paperwork was filled at the hospital.
It seems the nephews know the fact that their uncle was not present at the hospital during the birth and want to use that to establish biological paternity even though the certificates have both parents’ names.
Does anyone, preferably a lawyer or a person working in the office of Vital Records know what the law in DC is if the father has not signed the application for the birth certificate?


I don't think this is a thing to be worried about. The official paperwork that matters is the birth certificate, which is not signed by the parents.
Anonymous
Post 08/21/2020 08:45     Subject: Is DNA test a must?
Wow-- what a greedy thing to attempt. The nephew would be so far down on the list of next of kin that it comes across as extremely desperate on his part. What a shitty thing to do. There is no possible way to spin the greed.

If the deceased raised the children as his own, the actual paternity is a non-issue. This is disgusting.
Anonymous
Post 08/21/2020 01:31     Subject: Is DNA test a must?
OP here. The father used to travel a lot and was not present in the hospital during the birth of the first two children. The paperwork was filled at the hospital.
It seems the nephews know the fact that their uncle was not present at the hospital during the birth and want to use that to establish biological paternity even though the certificates have both parents’ names.
Does anyone, preferably a lawyer or a person working in the office of Vital Records know what the law in DC is if the father has not signed the application for the birth certificate?
Anonymous
Post 08/21/2020 00:33     Subject: Is DNA test a must?
This is very strange and probably won't mean anything for the inheritance unless there's some kind of crazy specific terminology in the will. I mean, if the family had discreetly used a sperm donor, does this mean the children should be disinherited?
Anonymous
Post 08/20/2020 23:43     Subject: Is DNA test a must?
pp, when you say sign, what does it mean? Is there supposed to be the father’s signature on the birth certificate? What happens if the father is out of town or out of the country? Will Issuing the birth certificate be delayed?
Anonymous
Post 08/19/2020 23:27     Subject: Re:Is DNA test a must?
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It’s not commonplace and a court is unlikely to order a DNA test because DNA tests are not conclusive of legal paternity.


Being named on the birth certificate and taking care of them as a father is all that's required legally, even if the DNA says they're not his biological children.

Agree.
In fact, courts have required non-biological fathers to pay child support if they were on the birth certificate and had acted as the father to the child during marriage.


They have held non-biological fathers accountable for being named and not consenting to being named on the BC even when they have a biological father via tests. The system is really messed up. They should require paternity to be done at birth and for child support automatically now.


Where are fathers not consenting to being named on the birth certificate? I googled it but couldn’t find anything. My DH has to sign it himself, I couldn’t just write any guy’s name on there.

The court system wants what is in the child’s best interest, not the father’s. It’s not the child’s fault and they shouldn’t have a lower quality of life because their father suddenly changed his mind. And a birth certificate is a legal document that you will be responsible for that child, regardless of whether they are biologically yours or not. If a man isn’t interested in that kind of commitment, don’t sign it until you get a test, and don’t have kids.

It would be highly invasive, unethical, and unnecessary to require paternity tests at birth. They’re available and men can request them before signing anything. If they choose not to before signing a legal document, that’s on them.

Plus, it goes both ways. If the law states men who aren’t biologically the father don’t have parental responsibilities, then they also wouldn’t have parental rights. Which means the mother could deny the father access to his children, even if he has spent years raising them and wants to continue being their parent.



Some states don't require the father to sign anything. Its not invasive or unethical as women lie all the time about it. No, if they are not the biological father, they could lose their rights which has happened but still required to pay child support. That the issue. Even when men were involved, pay child support moms can deny visitation and the courts do very little.

But, this is about the nephew demanding paternity tests probably for inheritance but they should not be allowed inheritance and if they did a paternity test without consent on a dead body something is very off.
Anonymous
Post 08/19/2020 23:23     Subject: Re:Is DNA test a must?
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It’s not commonplace and a court is unlikely to order a DNA test because DNA tests are not conclusive of legal paternity.


Being named on the birth certificate and taking care of them as a father is all that's required legally, even if the DNA says they're not his biological children.

Agree.
In fact, courts have required non-biological fathers to pay child support if they were on the birth certificate and had acted as the father to the child during marriage.


They have held non-biological fathers accountable for being named and not consenting to being named on the BC even when they have a biological father via tests. The system is really messed up. They should require paternity to be done at birth and for child support automatically now.


Where are fathers not consenting to being named on the birth certificate? I googled it but couldn’t find anything. My DH has to sign it himself, I couldn’t just write any guy’s name on there.

The court system wants what is in the child’s best interest, not the father’s. It’s not the child’s fault and they shouldn’t have a lower quality of life because their father suddenly changed his mind. And a birth certificate is a legal document that you will be responsible for that child, regardless of whether they are biologically yours or not. If a man isn’t interested in that kind of commitment, don’t sign it until you get a test, and don’t have kids.

It would be highly invasive, unethical, and unnecessary to require paternity tests at birth. They’re available and men can request them before signing anything. If they choose not to before signing a legal document, that’s on them.

Plus, it goes both ways. If the law states men who aren’t biologically the father don’t have parental responsibilities, then they also wouldn’t have parental rights. Which means the mother could deny the father access to his children, even if he has spent years raising them and wants to continue being their parent.

Anonymous
Post 08/19/2020 20:25     Subject: Is DNA test a must?
Not common practice and extremely distasteful to be talking about when people are grieving. Nephews have zero legal standing. Your friend should definitely have a lawyer send them a stop and desist letter. Not in anyway the business or legal right of a nephew.
Anonymous
Post 08/19/2020 20:15     Subject: Re:Is DNA test a must?
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It’s not commonplace and a court is unlikely to order a DNA test because DNA tests are not conclusive of legal paternity.


Being named on the birth certificate and taking care of them as a father is all that's required legally, even if the DNA says they're not his biological children.

Agree.
In fact, courts have required non-biological fathers to pay child support if they were on the birth certificate and had acted as the father to the child during marriage.


They have held non-biological fathers accountable for being named and not consenting to being named on the BC even when they have a biological father via tests. The system is really messed up. They should require paternity to be done at birth and for child support automatically now.
Anonymous
Post 08/19/2020 20:12     Subject: Re:Is DNA test a must?
Anonymous wrote:
Anonymous wrote:It’s not commonplace and a court is unlikely to order a DNA test because DNA tests are not conclusive of legal paternity.


Being named on the birth certificate and taking care of them as a father is all that's required legally, even if the DNA says they're not his biological children.

Agree.
In fact, courts have required non-biological fathers to pay child support if they were on the birth certificate and had acted as the father to the child during marriage.
Anonymous
Post 08/19/2020 19:59     Subject: Is DNA test a must?
Anonymous wrote:Let me just add that the first child carries the mother’s last name (she did not change it after the marriage).
The father’s name was on the birth certificate from the day it was issued.


Names don't matter. If he's on the birth certificate, its his child. If they are married, on the birth certificate its his child. Assuming the kids are adults and he raised them its a non-issue.
Anonymous
Post 08/19/2020 19:58     Subject: Is DNA test a must?
What do they want? Sounds like they are after money/inheritance. It makes no sense. We had an issue with our child's birthfather and the judge said that the birthfather was on the birth certificate and married to the mom so it was a non-issue (nothing directly with our adoption but something else and the relationship was called into question). I'd tell the nephews no and leave you alone.
Anonymous
Post 08/19/2020 19:54     Subject: Is DNA test a must?
Tell the nephews to pound sand.
Anonymous
Post 08/19/2020 19:12     Subject: Is DNA test a must?
Anonymous wrote:I'd prosecute them for theft and abuse of a corpse and of course the children do not have to submit to a DNA test. Proceed to collect on the Will as normal and if the nephews want to make a legal case out of it, let them.


Yep. The wife/mother should get an aggressive attorney to write a letter threatening them and their lawyer for taking that DNA (if they did--wow, that part sounds fishy). The nephews surely cannot legally force or demand that their cousins submit to a DNA test.

Is there ownership of a business or control of serious cash at stake, OP? I'm guessing yes. Did the deceased man share a business or money with his brother (the nasty nephews' father)?

I think it unlikely these nephews have a legal leg to stand on. As someone said earlier, the widow would get the estate unless a will says otherwise (generally).

Please update us. How stressful for the widow.
Anonymous
Post 08/19/2020 18:57     Subject: Is DNA test a must?
I'd prosecute them for theft and abuse of a corpse and of course the children do not have to submit to a DNA test. Proceed to collect on the Will as normal and if the nephews want to make a legal case out of it, let them.