Wednesday, December 07, 2005

paternity - genetic testing - estoppel

Buccieri v. Campagna - Pa. Superior Court - December 7, 2005

Putative father was estopped from getting genetic paternity testing where he knew of mother's pregnancy but had no contact with child for about 8 years. In the meantime, mother had married. She and her and new husband, who wanted to adopt the child, had formed a new family unit. Mother did not desire contact from putative father (PF), but she did nothing to obstruct contact or prevent him from requesting information about her prenancy or offering to assuming a parental role. Her conduct does not constitute the kind of obstructive tactics deplored by state law. PF could easily have monitored the pregnancy and tried to establish contact, but he did nothing.

Donald Marritz
MidPenn Legal Services