Not a Father of twin Children, but the Child of Twin Fathers

Not a Father of twin Children, but the Child of Twin Fathers

Recent news of a case decided in Brazil sheds an interesting light on the ongoing development of child support law, as affected by both modern developments in genetic science and old fashioned chicanery. The subject appears in this space as part of the recurring theme treated here about how and why the way the law changes and evolves now is very different from the way that happened in the past. It is not simply that the law changes more rapidly now than it used to, it is also that the source of change and the readiness and willingness of authorities to accept new and different sources and developments as persuasive has changed vastly from what it was in the pre-Internet and social media days.

The case from Brazil involved identical twins, each of whom denied his own paternity of a particular child, while pointing at his brother as the “real” father of the subject child. DNA testing was inconclusive in trying to differentiate between the twins and the court, finding that at least one of the twins was intentionally deceiving the court, ordered both to pay child support in equal amounts, effectively doubling the amount of child-support received by the child’s mother.

Not only did the court order that the subject child would receive more financial support than a similarly situated child, but the court ordered that the child’s birth certificate should identify both of the twins as the child’s father.

Biologically, the existence of three-parent children is not entirely new, though it has been banned in this country since at least 2016. Legally, while there are cases in which three or more parties share custodial rights and financial responsibilities for children, the ever-changing state of the law can only be expected to continue adapting and changing, as biological science, social norms, and human behavior do.

Whatever unique situation you may be facing, you should consult with a qualified attorney, and one who will not be limited by “old-school” approaches, or even by established precedents, because the law can be and will be changed, and you may want to be or need to be on the cutting edge of that change.

To schedule an appointment with one of our attorneys or for further information, call us at the LaMonaca Law, at (610) 892-3877

About the author

About Lawrence Welsh

Lawrence C. (Larry) Welsh joined the firm in 2003 after five years of practice with the Delaware County Public Defender’s Office. Native to Lansdowne in Delaware County where he attended public schools, Larry graduated from St. Joseph’s College (in its pre-University days) and taught school briefly before entering the hospitality industry and working his way through hotels, restaurants and resorts in four states and the District of Columbia. As a graduate of Villanova University School of Law, Larry now focuses primarily on the firm’s family law practice along with other areas of the Law. Larry handles a full range of domestic relations matters throughout the five-county southeastern Pennsylvania area and looks forward to expanding the firm’s practice, especially in the family-law field, into New Jersey where he is one of three members of the firm (along with Gregory P. LaMonaca and Christopher R. Mattox) admitted to practice.