In light of a negative paternity test result, the Tennessee Supreme Court will hear arguments in a case involving paternity fraud, and decide if one man has the right to sue for damages after finding out he is not the biological father of a child he supported for about 14 years. The Tennessee Supreme Court will decide if paternity fraud is grounds to sue.
With advances in paternity test sciences it has become easier than ever to determine paternity of a child. IDENTIGENE offers kits for DNA testing that allow you to collect samples in the coziness of your living room. Now Tennessee’s highest court will decide how to handle paternity fraud cases.
Paternity test reveals one story of paternity fraud
Chadwick Craig sued his ex-wife for paternity fraud in 2008. Tina Marie Hodge claimed she actually believed he was the biological father. The presiding judge decided it was her responsibility to inform her ex-husband that there was another possible biological father and obtain paternity testing for verification. Because she did not do this, Mr. Craig was awarded $26,000 for child support and medical expenses, along with $100,000 for emotional distress due to the fraud. But the Tennessee Court of Appeals said no to this award.
Advances in paternity testing
With more men finding out through paternity tests that they are not the actual biological father of their children , some attorney’s believe this is why the State Supreme Court took on the case. They also believe it’s unlikely Mr. Craig will win back the child support payments; however he may win back some of the expenses for emotional distress along with caring for the child .
One study shows an alarming number of negative paternity tests
The Beaumont Enterprise newspaper reports that in 2010 the Tennessee Department of Human Services performed paternity tests on 8,500 men who had been identified as the biological father of children. The report indicates more than 2,100 (about 25%) of the alleged fathers who participated in paternity testing were not the biological fathers of the children they were tested with.
How do you think the Tennessee Supreme Court should rule in this case?