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https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20130&cosponId=16927
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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 26, 2015 01:58 PM
From: Senator John N. Wozniak
To: All Senate members
Subject: Paternity Test
 
In the near future, I plan to re-introduce legislation that will amend Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for determination of paternity.

Under current law, which is grounded in English common law, the court assumes the husband is the legal father of any child born by his wife during their marriage. A judge has the authority to deny a paternity request based on this assumption. This “presumption of paternity” is designed to preserve the marriage and ensure the financial and emotional needs of the child. I believe every child should be properly taken care of. However, it is the responsibility of the biological father.

I believe this law to be unfair and I want to amend it to allow for paternity testing when requested. It is unfair that a man, when afforded the chance to prove he is not the biological father, is forced to pay child support for a child that is not his. In addition, the biological father has no legal right to his child. He cannot petition the courts for a DNA test.

This bill was reintroduced last session as SB 655 and was co-sponsored by Senators ALLOWAY, EICHELBERGER and HUGHES

If you have any questions regarding this bill, please contact Josh Myers of my staff at 787-5400 or by email to jmyers@pasenate.com. Thank you for your consideration.



Introduced as SB757