Paternity in Georgia, He's not the father...

[AKA2D '91]

High court won't hear paternity argument
Mae Gentry - Staff
Wednesday, June 12, 2002


The U.S. Supreme Court refused Tuesday to consider the case of a Decatur man ordered to pay child support even though DNA proves he's not the father.

The court is "ignoring paternity fraud," said the plaintiff's attorney, Jeffery M. Leving of Chicago. "It's no different than ignoring DNA testing showing a convicted murderer wasn't guilty of murder."

Carnell A. Smith, 41, had been paying child support to his ex-girlfriend for 11 years. Two years ago, when the court ordered him to pay more, he got a blood test that showed he was not the child's father.

Smith went to court saying he should not have to pay further child support. He has not paid since then and has not seen the child, who is now 13.

Under a new Georgia law, men no longer would be required to support children who, as proved by genetic testing or other evidence, are not theirs. The law takes effect July 1, but would not apply to Smith.

Traditionally, courts have considered the best interest of the child, said family law expert Robert Boyd, an attorney with the Atlanta law firm Davis Matthews and Quigley.

"The idea is that this person has established a bond with the child, and now all of a sudden you're going to say I'm no longer your dad just because of a blood test. It's a very complicated issue."