In May of 2015, a New Jersey court issued a ruling
in a paternity case holding a mother seeking child support for her twins would
only receive child support for one of them.
After DNA testing was performed to determine paternity of the twins, the
Court found that the Defendant in this matter was only the biological father of
one of the twins. Thus, the Court could
only justify awarding child support to the twin who shared DNA with the
Defendant.
The phenomena of twins having different biological fathers
is coined “heteropaternal superfecundation.”
Although very rare, heteropaternal superfecundation has been an issue in
an estimated one in 13,000 paternity cases.
Heteropaternal superfecundation can occur when a woman
produces two eggs during her fertility cycle as a result of having sexual
intercourse with two different men around the same time. Both eggs can become fertilized and produce
fetuses of the same gestational age, which can result in the mother bearing
twins.
Courts in most states will not award child support to a
mother unless paternity is established between the child and the Defendant
father. The only reliable method of
establishing paternity is via DNA testing.
The first reliable form of DNA testing, with a 99.99%
accuracy rate, became available to identify biological relationships in 1985
with “DNA
fingerprinting.” This test
was based on a Restriction Fragment Length Polymorphism (“RFLP”) analysis, that
involved obtaining DNA samples from the parent and child being tested, adding
restriction enzymes to the samples to break them down into small unique
segments, adding a staining agent for visual acuity, transferring the DNA onto
a membrane, and then applying a radioactive probe, allowing the pattern of DNA
to become detected by exposure to an x-ray film. Close examination of the DNA patterns reveals
one unique pattern for a mother, a distinguishably unique pattern for a father,
and then a pattern of equal composition of both parent patterns for the child. Thus, as early as 1985, scientists were able
to identify whether an individual was a child’s biological father.
In recent history, DNA testing has evolved from the DNA
fingerprinting method that applied RFLP to DNA testing involving polymerase
chain reaction (“PCR”) techniques. While
similar to RFLP, DNA analysis via PCR allows a smaller sample size, such as DNA
from a cheek swab. The samples are then
replicated and compared for similarities and thought to be more accurate than
RFLP testing.
Often, child support hinges on accurate paternal
identification. The technological advances of highly accurate DNA testing has
aided in establishing paternity and compelling parental responsibility in
unmarried parents.
Cassey Shashaty is pursuing her law degree and health law
certificate at DePaul University College of Law in Chicago. Cassey completed
her undergraduate degree at Florida State University in political science and
international affairs. Cassey is most interested in how health care legislation
affects individuals and their rights as patients.