Forensic Testing In Rape and Incest Cases

Rape and incest cases are still happening on a daily basis throughout North America resulting in babies being born with identified fathers. Unfortunately, since these criminal acts often result in conception, forensic testing must be done to determine the legal paternity of the father; thereby, providing necessary evidence allowing charges to be pressed against them that will stand up in court. For the purpose of forensic testing, in rape and incest cases, various samples are collected and processed including blood, semen, buccal swab from inside the cheek, or foetal tissues. These samples must maintain a sterile chain of custody and documentation must be accurate throughout the testing. Because of the sensitive nature of this crime, and because of the fear of wrongful conviction, all samples are tested twice to ensure accuracy. Today, forensic testing often exceeds the courts requirements, as well as the requirements of the FBI, which often asks for extended testing, which can be used to support paternity test results. At the crime scene, if stains are located on bed or bath linens, clothing of any type, or feminine products, the stains can be tested for evidence of semen. If semen is found then a detection test can be done to find out if there is any usable DNA to conduct a comparison forensic test. Semen testing today is so refined that it can separate out female DNA in a rape or incest case, from male DNA, leaving no doubt, which the offending male was. The only time semen evidence is allowed, other than by hospital testing, or by an unbiased third party, is if an officer has collected the evidence at the crime scene following the correct collection procedures. Other than that, this testing is not acceptable by the courts. Paternity testing is designed to identify the father, not matter what the situation is, and are rated as 99.9% accurate; therefore, it leaves little wiggle room for the offending male to walk away uncharged once identified in a forensic DNA test as the father of the child..

How is Baby Selling Different from Legal Adoption?

Baby selling refers to the illegal practice of selling one's own baby or acting as an agent to negotiate a deal and sell a newborn for the birth parent or parents. Even though baby selling is illegal you will still find people who are willing to sell a baby for profit and of course the individuals who are desperate enough to buy them. Baby selling is not to be confused with legal adoptions.

A legal adoption is a procedure where each state will grant all legal rights and responsibilities to the adoptive parents. These adoptions go through a court appointed agency with strict regulations throughout the process. There are two types of legal adoptions; open and shut. Each state will decide on accepting both or only one form of adoption.

In an open adoption the parents have a right to choose the adoptive parents for their newborn. Whereas in closed adoptions they forfeit all rights as a parent and the child is taken from them and put up for adoption. Some states allow payment in exchange for health and medical fees that the pregnant mothers incurs, while other states do not allow any direct payment from the adoptive parent to the biological parent. Many times the adoption agency or adoption lawyer will handle all legal fees. Having said that sometimes lawyers and adoption agencies are accused of baby selling in the USA if the fees they charge seem to be well above the norm.

There are no safeguards with baby selling. Often time the child is sold to the highest bidder. There is nothing open about the adoptions. These financial transactions are usually done underground so that no criminal charges can be laid upon the buyer or seller. Don't be fooled by the fact that the mediator appears to be part of an agency. Check out that agency first to make sure it is legal. Once the baby is sold the parent will not know anything about the baby from that point forward. The new parents do not know anything about where the baby came from, any illness in the family or other things that might affect the baby's health. If the baby was stolen from their parents in a third world country that is not known either.

Fortunately there are safeguards in place for a legitimate adoption. Any child entering the USA must pass the USCIS processing rules for immigration before allowed entrance. It is not known how much baby selling actually goes on in the USA and from which sources the infant is coming from. If you are a person wanting to adopt a baby, make sure you do it legally. Bending the rules will not help you to have a baby faster because you may feel you do not qualify for adoption under the conventional channels. It would not be wise to negotiate with a stranger advertising in an underground newspaper or website. You do not know these people, there is no legal investigation done to see if the pregnancy is even legitimate or if these people are just trying to make money. With a real adoption agency you will know that that there is a pregnancy through a mandatory pregnancy test. Other DNA testing will be done to insure the baby is healthy, such as drug and alcohol DNA Testing for indigent women, ultrasounds, many even amniocentesis in case there are any serious illness in the family, back ground checks, health records and more. Play it safe, do it right and wait for your perfect baby!

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Non-Traditional Fathers: It is more than a Biological Connection

It takes more to be a father than the biological connection found on a paternal DNA test. Fathers have a very important role in their children's lives. This role includes taking part in their educational, emotional, and spiritual lives. The law is clear that a biological father as determined by paternal DNA Testing is responsible for child support but the actual custody of the child might be completely in the hands of the biological mom, especially where divorce or single parenting is concerned.

Non-traditional fathers include divorced fathers with visitation or custody rights and divorced fathers who are estranged from their children. Howevera, non-traditional fathers can also be stepfathers, live in or live out boyfriends, men who became fathers through adoption or foster care, stay at home dads, divorced dads, single dads raising children on their own, grandfathers, and dads raising both their own children and children the mother had from a previous relationship. The possibilities of fathering are limited less. Wherever there is a man taking care of a child that man should have the right to be a father if he wishes to be labeled as one.

One group of non-traditional dads who have made quite of lot of media attention is the homosexual couple, where two male partners claim fatherhood. Again one of these men may very well be the legal father that can easily be proven by a home paternity test, or a legal paternity DNA test, however in this new area of non-traditional parenting many gray areas arise.

What happens when a homosexual couple breakup and the non-biological Dad is now denied child visitations? This area of the law has not been addressed. For the most part, homosexual partners do not have legal rights. Same sex marriages used to be recognized in the state of California but is now overturned (by proposition 8). Massachusetts allows same sex marriage, Vermont, Connecticut, Washington, Oregon, New Hampshire, and New Jersey also allows same sex unions and marriages. While certain states such as New York, Iowa, and the District of Columbia recognizes out of state same sex marriages, only. There is no standard policy put forth for any non-traditional same sex father.

Barring legal issues, there is no difference between these non-traditional fathers and the divorced biological father counterparts who lose their right to be with their child. Love is love; it is not defined solely on the basis of a parental DNA connection or a legal definition. Non-traditional parents hurt just as much as any biological parent and many are actually better parents in the long run.

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Do All Men Take Advantage of Paternity Leave?

It has long been established that women in the workforce are entitled to maternity leave. The time for delivering and staying with the baby afterwards is established by law and over and above that minimum time allotted, certain companies give additional time as part of their employee benefits package. However, the needs of the father to take time out to help his wife and care for their newborn are a fairly recent occurrence. The Family and Medical Act of 1993 established the guidelines for paternal leave in the United States.

Having said that, many fathers cannot afford to take paternity leave. Unlike other countries that pay a part or the entire salary for paternity leave, fathers in the USA can take up to 12 weeks of unpaid paternity leave. Suffice to say that means men earning higher incomes will take more time off than men in lower paying jobs. The State of California became the first state to offer paid parental leave and certain other states such as Oregon, Washington DC, and Vermont are followed suit. A few more states are presently toying with the idea of having parental leave.

Other issues that surface regarding unmarried couples.

Is paternity leave granted to men who have live-in girlfriends or couples who live in separate homes? Because women are visibly pregnant there is no doubt in the employers' minds about the pregnancy. However there is no way of telling just by looking at a man if he is indeed about to become a father. Many men still remain reluctant to take paternity leave even when it is offered to them. Some men feel that taking time off would jeopardize their positions in the company they work for while others feel they will be considered effeminate. Most of these men feel that the culture we live in just does not empathize with men who ask for paternity leave so that they can spend the time they need for the good of their family; away from the work environment.

Unmarried men must establish paternity of the child if they are to claim paternity leave, certain government and medical benefits, settle inheritance issues and more. This procedure is specific and bothersome to a certain extent. They must sign a sworn declaration including their signature and the signature of the mother. They must establish paternity through the court. They must be willing to undergo DNA testing. A legal paternity test can be obtained through a DNA test center. After all of this, if the couples is not in a position to legally marry, the question remains how many men will go through the entire procedure just to claim unpaid paternity leave?

For additional information DNA Testing, please contact: DNA Tests.

Presumptive Paternity

Paternity testing is not what it use to be. In today's society there are many reasons for paternity testing. These motives for testing might range anywhere from the original question of who is the father to who are the relatives of this child. Possibly the reason might be to find out about the child's heritage. Whatever the reason, paternity testing has become so much more feasible in today's society.

The foremost reason paternity testing is done remains to identify the actual birth father of the child. Courts need the assurance that only a scientific paternity test can provide. Whether it is the mother who wants to get child support from a "dead beat dad" or a father who wants to make sure the child is really his, paternity tests can provide definitive proof. Financial motives force many courts into seeking this course of action.

A child also needs the feeling of permanence, of being provided and cared for. Someone is needed who could be there to give the child stability can be better determined when knowing who the real parents are instead of leaving it to chance. Paternity testing also provides the father a tangible reality knowing he is pouring all of himself into his own flesh and blood. A child also deserves the right to know who his or her biological parents are. Not only for medical reasons that might arise, but also for the pure and simple right to know his or her heritage.

There are times when a child might be relegated to a foster home or the foster care system. This is usually not in the best interest of the child. Paternity tests can be taken from siblings to determine if there is an actual biological parent or relative who can take him or her. Courts know that a blood relative is most of the times the best person to take care of the child, providing the love and security desperately needed in turbulent times. Grandparents can even be tested now to know whether they are actually related to the child, even when the father's DNA is no longer available for testing purposes.

Paternity tests can provide reassurance to each member of the family. They can offer the scientific evidence the courts require to make difficult decisions. Paternity tests give security knowing the heritage and background of the child's family. In times of crises when a child is about to be placed in foster care, a better solution might be possible. Questions of paternity never have to be presumptive any more.