PATERNITY LAW REFORM
Knowing the truth should help a family move forward. It should not take years in court and thousands of dollars to stop holding a man responsible as a biological father when DNA proves he is not.
Brett is calling for three changes to Mississippi law: honest disclosure, a simple way to correct paternity, and a clear right to seek repayment when someone was deceived.
1. REQUIRE HONEST DISCLOSURE.
Now: Mississippi’s paternity form asks both parents to sign sworn statements identifying the father. It does not specifically require the mother to disclose whether another man could be the biological father.
What should change: Before a man signs, the mother should be required to disclose any known possibility of another biological father. Believing one man is probably the father should not excuse hiding another possibility.
If another possible father is disclosed, the man can decide whether to request testing before signing.
2. LET DNA END THE LEGAL OBLIGATIONS.
Now: After one year, Mississippi law says a signed paternity form can be challenged only for “fraud, duress, or material mistake of fact.” The person challenging it has to prove their case. Child support obligations continues during that challenge unless the court finds good cause to suspend it.
That can mean hiring lawyers and going through a trial, even when DNA already shows he is not the father.
What should change: A man who signed believing he was the biological father should have a simple, affordable court process to correct that mistake using a verified DNA test from an independent lab, regardless of when he learns the truth.
Once the result is verified, no more child support should accrue. The court should set aside the finding that he is the father and the related support, custody, and visitation orders. He should not have to prove deception first.
3. GIVE HIM A CLEAR RIGHT TO SUE.
Ending future obligations and recovering money already paid are two separate things. A man should be able to end those obligations without filing a separate lawsuit.
If he chooses to sue, the law should give him a clear path to seek repayment of past child support, testing costs, reasonable legal fees, and damages for emotional harm caused by deception.
Under this proposed change, once a man presents the mother’s sworn statement naming him as the father and a verified DNA test proving he is not, he should not have to separately prove that she knowingly deceived him.
The burden should shift to the mother to prove she told him another man could be the father before he signed. If she cannot prove that disclosure, she should be held responsible for the deception and the harm it caused.
HONEST ANSWERS. VOLUNTARY TESTING.
These proposed changes concern men incorrectly identified as biological fathers. They do not apply to adoption, and they do not require mandatory DNA testing.
Children deserve the truth about where they come from. Adults deserve to make life-changing decisions with honest information.
HELP CHANGE THE LAW.
Brett is looking to work with Mississippi lawmakers, attorneys, and people who support these changes. If you want to help move this proposal forward, get in touch.