An acid sense of betrayal has been gnawing at Damon Adams since a DNA test showed that he is not the father of a 10-year-old girl born during his former marriage.
"Something changes in your heart," says Adams, 51, a dentist in Traverse City, Mich. "When she walks through the door, you're seeing the product of an affair."
But
Michigan courts have spurned the DNA results Adams offered in his motions to stop paying $23,000 a year in child support. Now, Adams is lobbying the state Legislature for relief and joining other men in a national movement against what they call "paternity fraud."
Many men who feel deceived by a woman are in no mood to accept a legal system that doesn't recognize DNA science in such cases. "It's like they are saying, 'Let your wife cheat on you, have children by other men, divorce you, and now you have to pay for it all,' " says Air Force Master Sgt. Raymond Jackson, 43. California judges won't consider tests he says prove that the three children of his former 10-year marriage were fathered by other men.
Many unwed fathers paying child support have never admitted paternity. A 1996 federal welfare law requires a woman to name a father — no questions asked — when she applies for public assistance. A court summons can be mailed to the man's last known address. Many men don't get the notice. The result: The paychecks of 527,224 men in California, for example, are being docked under "default" judgments of paternity that can't be contested after six months.
Colorado, Illinois and Louisiana grant relief only to ex-husbands, allowing them to offer genetic proof. Texas allows ex-husbands four years from a birth to disprove paternity and gives unwed fathers unlimited time.
California Gov. Gray Davis vetoed a bill in September that was opposed by women's organizations. It would have given men two years after discovering they weren't the father to produce the DNA evidence to prove it. Florida paternity fraud bills died this year. A package of bills passed the Michigan House 102-0 but is stalled in the Senate.
Jenny Skoble, an attorney at the Harriet Buhai Center for Family Law in Los Angeles. "If it comes down to whether the only (available) father is going to be on the hook to pay money or this kid is going to be in the situation of having no father, I'd say we have to put the child first."
Trouble could be minimized if all children were DNA-tested at birth or at the time of divorce, says Geraldine Jensen, president of the Association for Children for Enforcement of Support. She says maternity wards should distribute pamphlets telling men, "Get tested now if you have any questions, because doing it later will disrupt this child's life."