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UNITED STATES SUPREME COURT REFUSES TO
HEAR CASE OF PATERNITY FRAUD VICTIM:
Attorney Jeffery Leving And IDENTIGENE Join Together In Support of Legislative Changes
HOUSTON, Texas (June 10, 2002) – The United States Supreme Court today announced their refusal to hear the case of Carnell Smith, a Georgia man battling paternity fraud. Jeffery M. Leving, the attorney representing Smith's paternity fraud case, and IDENTIGENE, the DNA identification company that aided Smith in determining that he was not the biological father of the child in question, are joining together in the fight against paternity fraud by stressing the need for legislation that will protect men against paternity fraud.
"Paternity fraud is a rising epidemic in America," said Leving. "Through DNA paternity testing, a disturbing number of men in America are finding out that children they thought were biologically theirs are not. Paternity fraud is just as reprehensible as any other kind of fraud from which Americans need protection. When we condone fraud in paternity DNA cases, we undermine our entire system of justice. It's time to correct this injustice."
Paternity fraud occurs when a man is falsely identified as the only possible biological father of a child. In these cases the child's biological mother withholds information that there may be more than one alleged father. This may result in the man paying child support payments for a child that is not biologically his. While DNA testing establishes the biological relationship between father and child, there is little legislation that protects men against paternity fraud. Ohio and Georgia (recently) passed legislation that allows men proven by DNA testing to not be the biological father of the child in question to be released from child support payments. Neither bill addresses the issue of paternity fraud or makes provisions for the man to be reimbursed for previous child support payments.
Estimates reveal that as much as 10% to 20% of the population has some doubt about who their father really is, and approximately 33% of men who participate in a DNA paternity test are found to not be the child's biological father.
"Falsely labeling a man as the biological father establishes a false sense of reality in the child's life and also deprives the child of ever knowing their actual biological father," said Caroline Caskey, president of IDENTIGENE. "A healthy relationship between a father and child can only exist when the truth of their biological relationship is certain. At IDENTIGENE, we strongly encourage paternity testing for all parties who have any doubt as to who the biological father is."
The Supreme Court's ruling on Carnell Smith's case may affect other similar cases nationwide.
"Without the support of the U.S. Supreme Court, laws dealing with paternity and child support issues must be changed gradually state by state" said Leving. "This prolongs the injustice dealt to men like Mr. Smith."
About IDENTIGENE
IDENTIGENE leads the DNA identification testing industry by utilizing advanced technology and providing superior customer service. Incorporated in 1993, IDENTIGENE has successfully resolved issues in paternity, infidelity, criminal investigations, immigration, inheritance rights, adoption, and family reconstruction through the more than 45,000 cases it has completed. IDENTIGENE's ultimate goal is to provide its clients with Peace of Mind before, during, and after testing. For further information on IDENTIGENE and its DNA testing services, visit www.identigene.com, or call 800-DNA-TYPE.
About Jeffery M. Leving
Jeffery M. Leving is a nationally renowned fathers' rights attorney and author. Leving founded his own firm, the Law Offices of Jeffery M. Leving, Ltd., in 1981. The Chicago-based law firm is devoted to resolving matrimonial and custody cases across the United States and is one of the only law firms in the country focused almost exclusively on men's issues. Leving is well recognized for his involvement in the Elian Gonzalez case. In this case, Leving represented Manuel Gonzalez, Elian Gonzalez' father, and assisted him in becoming Elian's designated care-giver in the early stages of the federal case.
This article courtesy of http://www.stoppingfraudforever.com/.
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