As I said, I appologized for assuming the bio father knew. I also appologized for assuming that she had given her son's doctors a truthful family medical history and that she, would, for the best interest of her disabled child want to have every available resource for her child, but I was mistaken.snostar said:Again, this is nothing more than another assumption on your part. There is no doubt this man can file a petition to establish paternity. Your belief of what is in the child’s best interest is irrelevant, especially since it is based on very limited facts. The court will decide if the quality and conviction of the evidence presented is enough to order the parties to submit to a DNA test.
Alabama code also states:
(Section 26-17-5)
Presumption of Paternity; rebuttal
A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control.
Amommy - if he follows through with filing in court contact an attorney to assist you. You may also find this link useful:
http://www.uslegalforms.com/lawdigest/paternity-law-digest.php/AL/AL-598P.htm
Most likely the judge will decide in the best interest of the child, not the mother's need for secracy, the child and his doctors need to have an accurate medical history to provide him with the best possible care. It would be unethical for me not to stress the need to be honest with the child's physicians.
Snostar, you are angry with me because I disagreed with you based on my professional experience, you are taking it personally and applying that anger to your observations as they suit your agenda. That is understandable. I hope OP comes back and reads the more recent posts and is honest with the child's physicians. I made a mistake assuming and giving her the benefit of the doubt. That doesn't change my advice or the application of the law.
If the bio father takes it to court, The judge will take into consideration the child's best interest which will include an honest medical history, so all the codes you cite to fight it will not rise to a level to perserve her need to keep a secret over her son's right to have the best possible medical care including but not limited to an accurate medical history.