Partners should know about paternity
This should be the last generation
when a significant proportion of children born into (quasi-) marriages
in "the Western world" have a paternity that would surprise
the (quasi-) husband.
What?
The aim is that "all children born have a paternity which is known
and accepted by the husband or male partner".
If a child is born whose bio-father is not the husband or male partner,
there a genuine dilemma - there is a child whose needs must still be met,
and possibly one who believes the man concerned is their father. Some
men themselves are not sure whether they want to know the truth, and there
is no doubt that many of them are devastated when they learn that they
are not the bio-father. (Then, having to pay child support as well becomes
a double-whammy).
Why?
This proposal is based on the simple logic that trying to sort things
out after the child is born is too late. It is better to ensure that such
dilemmas don't arise. It is better to have a society where, because of
the certainty of being found out, women don't give birth to children whose
paternity would be a surprise to their husbands or male partners.
This objective must not be confused with "eliminate paternity
fraud", because it is significantly different. That is because
the "paternity fraud" discussion is concerned with what should
happen when a child has already been born whose bio-father is not the
husband or male partner. That is the wrong time to sort out the problems.
The typical paternity fraud case is where a mother claims child support
from a man, falsely identifying him as the father of the child. He may
simply acknowledge that he is the father, and start paying. He may be
judged to be the father, and be required to start paying. Or it may be
judged "not in the interest of the child" to determine his true
relationship with the child, and he is required to start paying anyway.
There are many variations, such as an automatic "presumption"
that a husband is the father, or there may be a time period allowed for
a challenge to the ruling. Where the requirement to pay child support
can be terminated by proper determination, there are variations in whether
the man can get the money back (and if so, from whom). There is rarely
if ever a penalty against the mother for the false claim.
Many of the actions taken against the men concerned are flawed, and increasingly
this is recognised. But they arise from a genuine dilemma - there is a
child whose needs must still be met, and possibly one who believes the
man concerned is their father. Some men themselves are not sure whether
they want to know the truth, and there is no doubt that many of them are
devastated when they learn that they are not the bio-father. (Then, having
to pay child support as well becomes a double-whammy).
This is not an objective about "morals" - this web site is
not about morals. This objectives is about the practical consequences
of those dilemmas. How to achieve the objective is for those concerned
to sort out for themselves. This may be to avoid adultery, to use contraceptives,
to have an abortion, to disclose the true paternity to the husband or
male partner, or to separate so that there isn't a male partner.
The most obvious winners are children and fathers. By extension, "society"
will benefit because of the reduced conflict. (Women who don't "conceive
away" will not be affected. Or perhaps they will gain because their
faithfulness will be undoubted).
The most obvious losers will be women who want to "conceive away"
and not be found out. In future, they WILL be found out. They will risk
destroying their partnership, with no resultant claim on the male partners.
Other losers will be the REAL fathers of the children, who will typically
be forced to take responsibility. (In effect, they will come into the
category of the "stupid men" who should have used male contraceptives,
see above! And they will pay for their stupidity for perhaps 16 or 18
years!)
How?
The technology concerned is DNA/paternity testing, of course. But that
simply "enables" paternity to be established beyond doubt. It
will be all the health issues relating to genes, especially but not only
those arising from the Human Genome Project, which "causes"
an explosion in establishment of genetic relationships. See also:
Wives & female partners who "conceive away"
Sometimes science & technology developments are convincingly aligned
with "what society wants" (eg. a cure for Smallpox). Sometimes
there is a reasonable consensus that science & technology developments
are contrary to "what society wants" (eg. biological weapons).
And sometimes there are various "equally valid" social futures,
some of which would be helped by inevitable technology developments, while
some would be opposed by those same technology developments.
This page states a social objectives which would be helped by inevitable
technology developments. This objectives may appear desirable to some,
or irrelevant or undesirable to others. But because the science &
technology developments are pretty inevitable, it would be wise to improve
society by exploiting these developments, and foolish to try to achieve
alternative social objectives which would be thwarted by these developments.
These are not "profound" objectives (such as "everyone
should tolerate the views of everyone else in the world"), and in
the UK they are probably the views of the majority anyway. However, they
can still be hindered by short term or narrow policies, identified here.
In summary, the actions needed are those that:
- make suitable technology available
- avoid any barriers to the use of this technology
- encourage the truth about paternity to be available to all concerned
- remove financial and other motives for women to have such children
- discourage men other than the husband or male partner from becoming
such a bio-father
Although this objective is different from "eliminate paternity
fraud", one of the desirable actions is indeed to eliminate paternity
fraud. That is because the availability of paternity fraud means that
some women will not be discouraged from giving birth to such children.
In fact, it is desirable to make paternity fraud a punishable offence,
as with other attempts to obtain money by deception.
References
| Relationship to other
Agenda items |
| All
children should have been accepted children |
These items are based on the primacy
of bio-parentage. |
| Other pages in this web
site |
| "The
truth is out there" - Commentary on "Move to outlaw secret
DNA testing by fathers" |
A paper that makes the case for "personal knowledge paternity
tests" (also known as "peace of mind" paternity tests).
A Word version is available from
the Downloads page.
|
| Knowledge
is bliss - Towards a society without paternity surprises |
A draft paper that proposes that,
by 2020, we "solve" the problem of paternity surprises by
systematic effort by government and society. |
| Wives
& female partners who "conceive away" |
Whatever the laws on presumption of parentage, DNA tests to detect
bio-parentage are presumably here to stay, and will get cheaper,
easier & faster. The way people behave in marriage may need
to adapt to the availability of these tests.
It would be a VERY good idea for women to stop "conceiving
away" ASAP!
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| Potential lobby groups |
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| Other relevant external
links |
| Code
of Practice and Guidance on Genetic Paternity Testing Services |
An ad hoc Group on Genetic Paternity Testing Services was brought
together for the express purpose of considering genetic paternity
testing services provided in the United Kingdom.
The Group's membership included representatives from commissioners
of genetic paternity testing services, providers of such services,
patient groups, clinicians, academics and scientists. The Code has
been considered by the Genetic Testing Sub-group of the Human Genetics
Commission, who have absorbed the former Advisory Committee on Genetic
Testing (ACGT).
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Parliament
written answers
2002-04-15
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Dr. Gibson: To ask the Secretary of State for Health (1) what the
licensing and vetting procedures are for new genetic tests to be
sold directly to the public;
(2) what mechanisms have been put into place to ensure that claims
made by manufacturers of currently licensed genetic tests have scientific
and medical validity;
(3) what the procedures are for approving and regulating genetic
testing services.
Yvette Cooper: The "in vitro" diagnostic medical device
(IVD) regulations (SI2000 No. 1315) ensure that IVDs that have a
specific medical purpose meet relevant essential safety, quality
and performance requirements before being placed on the market with
a CE mark. The regulations came into force on 7 June 2000 with a
transition period until December 2003. During this time, manufacturers
may choose on which basis to place their device on the market. The
regulations require that manufacturers of IVDs bearing the CE mark
must be able to demonstrate that the device will achieve the manufacturer's
claimed performance.
The Department has published two voluntary codes of practice and
guidance for genetic tests being sold directly to the public. These
set out broad requirements in areas such as: peer-reviewed evidence
of value, accreditation and quality assurance in testing laboratories,
consent, confidentiality, sample and information storage, and customer
information. Under the "Code of Practice and Guidance on Human
Genetic Testing Services Supplied Direct to the Public" (September
1997) suppliers notify the Human Genetics Commission (HGC) of their
proposed service and HGC publishes a statement of conformance with
the Code. In addition, those supplying genetic paternity testing
services are expected to comply with the Code of Practice and Guidance
on Genetic Paternity Testing Services" (March 2001). All Government
and public bodies commissioning paternity testing services are expected,
so far as is practical, to ensure that those supplying services
comply with this code.
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Parliament
written answers
2002-05-10
|
Dr. Murrison: To ask the Secretary of State for Health (1) what
assessment he has made of the health consequences of the sale of
genetic testing kits to the public;
(2) what plans he has to regulate the sale of genetic testing kits;
(3) what assessment has been made of the voluntary system of regulation
for commercially available genetic testing kits. [54204]
Yvette Cooper: Genetic testing kits that are placed on the market
and fall within the definition of an in vitro diagnostic medical
device (IVD) will be regulated by the IVD Regulations (SI2000 No
1315) which came into force on 7 June 2000 and has a transition
period until 7 December 2003.
The Department has published two voluntary codes of practice and
guidance for genetic tests being sold directly to the public. These
set out broad requirements in areas such as: peer-reviewed evidence
of value, accreditation and quality assurance in testing laboratories,
consent, confidentiality, sample and information storage, and customer
information.
Under the "Code of Practice and Guidance on Human Genetic
Testing Services Supplied Direct to the Public" (September
1997) suppliers notify the human genetics commission (HGC) of their
proposed service and HGC publishes a statement of conformance with
the Code.
In addition, those supplying genetic paternity testing services
are expected to comply with the "Code of Practice and Guidance
on Genetic Paternity Testing Services" (March 2001). All Government
and public bodies commissioning paternity testing services are expected,
so far as is practical, to ensure that those supplying services
comply with this Code.
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Convention
on the Rights of the Child
(United Nations)
|
Article 7
1. The child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a nationality
and. as far as possible, the right to know and be cared for by his
or her parents.
Article 12
1. States Parties shall assure to the child who is capable of forming
his or her own views the right to express those views freely in
all matters affecting the child, the views of the child being given
due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative proceedings
affecting the child, either directly, or through a representative
or an appropriate body, in a manner consistent with the procedural
rules of national law.
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