In a case before Judge Lubow, in the Queen’s Family Court, a father brought a proceeding to vacate an acknowledgment of paternity. He claimed he had been fraudulently induced into signing the acknowledgment of paternity. His papers stated, he relied on the mother’s contention he was the biological father. She had advised him she had been separated from her husband for a substantial period of time, and she didn’t have sex with anyone else.
DNA Paternity Testing
The father now claims DNA testing has shown he is not the father. The Court, in its ruling, stated that there is a presumption of legitimacy regarding a child born during the marriage. The presumption is the child is a biological product of the marriage. This presumption, the Court stated, should only be rebutted by “clear and convincing evidence tending to exclude the husband as the father or otherwise disproving legitimacy.”
Mistake Of Fact Or Fraud
In this case, the Court found there had been a detrimental reliance on a mistake of fact or fraud. The Court found it was not in the child’s best interest to leave this question up in the air. The court ordered official DNA testing. The court stated, if it found the biological father was the woman’s husband the acknowledgment of paternity would be stricken. However, if it found that he was the biological father he would still be able to petition for visitation with the child.
About Elliot S. Schlissel
