Welcome - 2010
ALERT - Delaware Law ignores Children's Identity Rights
Truth's time is always now. It has to be the standard in law and justice, always. When truth is not held as the standard, people suffer, and government integrity is void.
Dr. Martin Luther King once said, "Injustice anywhere is a threat to justice everywhere."
WARNING - In Delaware you can have sex with someone else's wife and then have her husband pay for it. The Delaware Uniform Parentage Act allows it to happen. It could happen to you or someone you love. The law ignores best interest of children in allowing children to be frauded out of their basic human right to know their biological family and familial medical history.
Someone could sleep with your spouse, acting as you, cause pregnancy and leave you stuck with the burden without you ever knowing it. It's not much different than stealing a credit card and running up the bill and walking away for someone else to pay for it. No matter how you look at it, it's fraud!
Imagine your wife has an affair, becomes pregnant with another man's child and leads you to believe that it's your child. According to state law, you are on the financial hook to raise the other man's child because you lacked mind reading abilities and believed your wife, consequently signing the birth certificate. In the event that this act of fraud and dishonesty successfully continues for more than two years, (Section 8-607), the child becomes deprived of an accurate medical history, deprived the right to know his natural father, siblings and have family support. The victimized Dad is held responsible for another man’s child if the marriage ends.
Imagine caring for a child for 6 years, thinking he is your child when one day you discover he's not. All this time you were basing the child's health on your family genetics, only to find that it was the wrong medical basis. How do you care for a child, navigating all the medical pitfalls in his life, without knowledge of the natural family medical history? Imagine frequent trips to the doctor, getting asked family medical history information every time you bring the child to a medical doctor and not being able to answer.
The Delaware Uniform Parentage Act allows dishonesty, denies a child an accurate medical history and it discriminates by placing burdens on future family stability. Paternity Fraud is a reality for thousands of Delaware families.
Delaware Uniform Parentage Act mutes Fundamental Civil Rights
The Delaware Uniform Parentage Act is likened to a big digital Civil Rights DELETE key on your computer keyboard. The law is so unjust that it allows for outright deliberate fraud!
Condoning dishonesty. What kind of a message is this sending to our young people?
The law condones dishonesty, reinforces fraud, and turns a blind eye to the long term medical welfare of the child. The law may make the state an accessory to fraud by allowing the misappropriation of paternity which brings long term harm to the care of a child.
Children do not have a say in the selection of a father, that is only
done by the child's mother; Best interest is not relevant to the truth.
Either a man is the biological father or adoptive father, there is no middle ground.
The Facts - Actual Delaware Case
1. The Law’s two year statute of limitations devastates a child’s long term medical health care
The law's two year statute of limitations deprives the child the right to his natural father’s family medical history and support. The child's own medical doctor said in writing that it's important for his care. The, “until the child is 18" contract doesn't apply. The child will need care for the rest of his life. It is egregious that the state would not allow his best interest to prevail, but instead focus on the paternity of the victimized Dad.
If
victimized Dad dies along the way, the child continues to be at a
disadvantage for care because the state misappropriated victimized Dad
in place of the child's natural father. The law needs to be sensitive
to the needs of the child and of extreme importance, the child's medical needs. The medical welfare of
the child far outweighs a two year statute of limitations. The Indiana
Supreme Court noted, "Proper identification of parents and
child should prove to be in the best interests of the child for medical and psychological reasons."
2. Law denies medically important information from being obtained, necessary for child's care
It denies the child the right to immediately obtain medical support from his natural biological father. It denies Mom and everyone who cares for him the right to important family medical history. Guess work with his health isn't in his “Best Interest”. The child's own medical doctor said in writing that it's important for his care.
Having
seen this blatant discrimination at the hands of this vague law, the
family is respectfully asking that the courts consider the serious
implications of arguing that the Constitution supports in any way shape or form ignoring a child's medical rights which have everything to do with accurate paternity determination.
The mother worked to correct her error in paternity, a corrective step in her child's best interest, which to date has been largely ignored. This serious burden that is placed on the mother who has to navigate the child's lifetime medical health with no knowledge of familial health history. This is a violation of Due Process and clearly the opposite of Best Interest.
Medical Reality - Delaware has a high rate of cancer as it ranks 6th in the nation. There are over 30 types of cancer that can only be diagnosed with family medical history in hand. The Delaware Uniform Parentage Act currently gambles with a child's health without requiring biological fathers to provide family medical history to a child's caregivers. In today's world of disease and developmental disabilities, it is imperative to have biological family medical history to raise children from a position of knowledge. Best interest of a child is having this information. It's not just helpful to have it, it's absolute! Dr. Damon of Michigan highlights the medical harm caused by paternity fraud. "Let’s Talk About Paternity Fraud, Part Two: The Human and Medical Implications (Scroll down the page)
In Dr. Damon's article he tells the story of a child in California who died of leukemia. She had 8 other siblings, none of whom shared her HLA type because the child was fathered by another man. No one representing the child's biological family was ever tested. The child's best chance to live was denied because of Mom's lie. The State nor it's Courts ever required her to tell the truth. No one has a right to do this to a child. It's a fact that Paternity Fraud damages the Public Health. Many contend that any State that has a concern for it's Public Health, while also allowing Paternity Fraud makes a mockery of itself as not being at all genuine. We call on Delaware to follow other progressive states lead in putting a child's health first as this is best interest.3. Law is State Enforced Philanthropy, it destroys family stability
Quote by a Victimized Dad in Delaware, who has a biological family to care for states, "I take issue with the state putting the
interest of a child, who isn't my biological child, over my own child's
best interest. My child deserves all of my resources as I first have a duty to my family, not someone else's child. There are
numerous victims when the state misappropriates paternity, ignores the
needs of the child, and then has the audacity to slap "best interest of
the child" label on their action, when they clearly ignored his best
interest. Any law that impedes a child from immediately receiving care
of his biological father is egregious. If I were to die, the child has
no right for care or support by his natural father.” Victimized Dad is
stuck with all of financial burdens while the child's natural father is carefree to ignore his son's health and support. How could this
happen in America?!
4. Law allows child's natural father to ignore his child
Victimized Dad Quote - “Today, because of this unjust and vague law, the child and those who care for him have no right to the natural father's family medical history, or his support. The biological father had a part in creating him, but the state wrongly assigns me as his father and allows the child's real father to ignore his precious son's long term care needs. According to Mom, the child's father knows he has a son, knows he has some special needs, and has chosen to write him off. He's hung up the phone on Mom and the law condones all of this.” This is terribly wrong.
Many Progressive States and Courts are recognizing that they are harming a child's long term care with their Paternity Laws and they corrected it. We call on Delaware to follow suit!
Supreme Court Facts and Professional Opinions
Currently there is a case before the Delaware Courts, Hughes v. Hughes. The victimized dad and the child's natural mother are asking the Court to correct the paternity error and allow the natural mother to obtain support and necessary medical information from the child's natural father in support of his child. The law puts victimized Dad, child and Mom in the same category with no rights for help and support. The marital presumption of paternity does serious damage to a child's long term care by allowing the child's natural father who created the child, free to ignore his child's rights and ignore his responsibilities to his child. We cannot allow this gross injustice to continue.
The State of Delaware has a duty to the truth and to the welfare of this child by properly assigning paternity to the child's natural father. It will restore best interest care to the child, and those who care for him. Ignoring it and instead focusing on victimized Dad discriminates against the needs of the child.
Further, it's wrong for the state to put the child's needs above the victimized Dad's biological son. Taking resources away from his biological son is wrong. In the words of victimized Dad, "I'm not a philanthropist. You have to understand the situation clearly.. this child has medical needs that require his natural father's help. He will require supervised care for the rest of his life, into adulthood. The biological father's family medical history must be brought forth along with an order to help support the child that he fathered. Personal responsibility in every area under the law except paternity is ridiculous and destructive. The marital presumption being enforced in today's world of disease and developmental disabilities damages a child's long term care. It's common sense to require the child's biological father to support his child."
Delaware has to understand how seriously wrong it is for the state to allow the child's father to ignore his child's needs because of a two year statute of limitations! Gambling with a child's health is wrong. And to force the victimized Dad to put a child, who isn't his child, over his biological son's best interest is crazy! This has to stop!
Sign the Delaware Petition Here - Stop Paternity Fraud in Delaware!
Sign the National Petition Here - Stop Paternity Fraud Nationally!
Contact us at 302-724-4312 to let us know you signed it.
Please help by contacting your Delaware State Representatives
1. The current Delaware Uniform Parentage Act requires immediate sweeping changes! Call on your representatives to amend the Parentage Act to mirror it with Ohio's law. The State has a Constitutional duty to enact laws that provide equal protection of our rights, liberty, property and pursuit of happiness.
2. It’s time to make a father responsible for fathering a child! Other States recognize this in the most basic form. Paternity is biological. Truth in Paternity is paramount. Best interest of a child is having the biological father's support!
3. It's time to serve the child’s best interest by being honest about his family! In the spirit of Ohio's Judicial Review for Ohio's paternity law.. "Children can handle truth better than they can fiction." When they find out the truth, they seek out their biological family. When they find out they've been lied to, this undermines the very integrity of the relationship with Mom and 99% of the time they seek out their biological father. Truth is common sense.
4. It's time to protect innocent spouses, innocent children and families from legalized fraud!
It's time for the injustice to stop-- RIGHT NOW!!
