On Monday, July 1 there were many new and important laws that went into effect in the state of Indiana. One significant law was that of fertility fraud. Act 174 allows a parent to take civil actions in cases in which there is fertility deception found. It allows families, including children, who were victims of fraud to sue for damages. It also increases the severity of the penalty from a misdemeanor to a level 6 felony.
This law was passed in response to Dr. Donald Cline who was convicted of fertility deception. This doctor artificially inseminated over 50 unknowing patients with his own sperm. As the trend of genetic testing came on to the scene, some of these mothers were finding out that their children had Dr. Cline as the father. In 2015, these abuses became public.
Specifics of the Law
The law allows for the parents as well as their children to sue for damages. There is a minimum of $10,000 awarded to victims, or these victims can decide they want to go to court, in which case, there may be a much bigger settlement depending on their circumstances. Pain and suffering are primary aspects of the damages taken into account in these suits.
This law is the first in the country to allow children to be considered victims for this type of case. This law is highly comprehensive and the most complete fertility legislation that exists in the United States.
Finding paternity can be a challenging obstacle for mothers who want the fathers of their children to take responsibility. It can also be an obstacle for fathers who want parental rights for children they are being denied. It takes highly accurate blood and/or tissue tests which are reliable up to between 90 and 99% of the time to conclude paternity.
When it comes to custody, child support, and other legal family matters, these tests are significant and provide extremely important information toward the strength of a claim. In some circumstances, there may be multiple people who are tested in order to find the right match and follow through with a legal claim. When you are in a situation in which you need to identify paternity, consult with Christopher L. Arrington, P.C., an Indiana family law attorney.
Contacting an Indiana Paternity Attorney
Christopher L. Arrington, P.C. can help both mothers and fathers who are looking to establish paternity so that they can see full legal justice when it comes to the rights of their children.
If you are facing a paternity issue or a child custody and support challenge, call the Danville Law Firm today at 317-745-4494. My extensive experience as a paternity lawyer for Avon, Plainfield, Brownsburg, and Danville is crucial in helping you and your family seek the justice you deserve.