Posted on 11/28/2004 6:50:06 AM PST by MississippiMasterpiece
It is a paternity suit that not even DNA testing can solve. A five-year-old boy may never know his father's identity because his mother claims she had sex with identical twins at the time he was conceived. Lawyers admit that the most advanced genetic testing techniques are unlikely to prove which of the twin brothers - in their late twenties - fathered the child. The unprecedented case in Montreal, Canada, is a real-life rerun of a plot twist in Zadie Smith's 2000 novel White Teeth, in which the character Irie Jones has sex with the Iqbal twins on the same day and becomes pregnant.
Whereas siblings usually have enough genetic differences to be told apart, identical twins' DNA is almost exactly the same. Justice Paul Jolin, of the Quebec Superior Court, said of the case: "There's a high risk that it is impossible to determine who the father is."
One of the twins, who cannot be named for legal reasons, went to court last summer in the hope of forcing the mother to grant him access to the child. Although his name is not on the birth certificate, he claims he is the only father the boy has known, cared for him every other weekend, provided financial support and was even known to him as "papa."
But then the man's relationship with his girlfriend broke down and the visits halted. When he began legal proceedings to prove his paternity, the mother made her claim that she had been sleeping with his twin at around the same time.
The twins have said they knew they were both having sex with the woman, but argue that only one had sex during the period of conception. Both refused to undergo a DNA test: the complainant refused to pay the £335 charge while his brother, who has since married and fathered children, does not consider himself involved in the dispute.
Now, however, Judge Jolin has asked the complainant to take a DNA test by December 1 to ensure he can claim even possible paternity, while his brother may also be tested.
Scientists in Canada have said it is possible for identical twins to have slightly different DNA because of genetic mutations while the embryos are duplicating in the mother's womb at an early stage of pregnancy. But such differences are not detectable with the standard method of testing. Kristine Ashcraft of Genelex, which provides DNA testing, warned: "There's no way to tell who the father is. They have the same DNA."
If technology fails to end the mystery, the paternity question may ultimately rest with the judge. Myriam Pamphile, the twins' lawyer, said: "The other twin is known by the rest of both families as the uncle of the child. The man claiming paternity said he has given financial support to the mother, even when she refused it. He saw the child every two weekends."
"In the best interests of the child, if he had known the first brother to be the father, I would think that the judge would give a decision where he still assumed that responsibility."
Catherine Bamber, the mother's lawyer, said her client was not committed to either twin. "The brothers are her friends and had sexual relations with her, but they were never together as a couple," she said.
What's the problem? One wants to be the father. The other doesn't. Maybe the woman couldn't tell the two apart.
twice the lawyers to destroy even more of decent life ... and everyone'smoney.
This entire story - as are all that involve immorality, greed, corruption - all involve areound the lawyers who collect the majority of any monies involved.
Ever notice that?
You couldn't convict someone just because he was one of two possible offenders. The law requires more than that.
Easy way to tell...which did she sleep with first? Odds are, the first one she slept with is the daddy, since his little swimmers had a, er, head start. :)
Sounds like an episode of "Jerry Springer" (not that I watch it!!!! ;o) )
Solomon would have decided for the man who wants to be the father...!
It sure does...lol.
Both should pay no questions left.
Leni
She will change her story as soon as she figures it out. Reminds me of the old movie Double Indemnity.
Gee, it was really nice of the brothers to
share! Unfotunately it is the child who loses
out by never knowing who his real father is.
How sad.
Since they are identical, how does she know that
she had sex with both of them?
Criminal law would work as you have indicated, but I wonder if the burden of proof in Civil law (preponderence of evidence) might work differently here. Just a thought.
She's probably trying to figure out which has the most money.
We do not however need an advanced degree to be able to state conclusively what the mother is.
It's not so simple. The early ones might have swum and died before ovulation, and the later swimmers were rewarded with the prize. Well, one of them anyway.
This brings up an interesting scenario. Suppose these two conspired to commit a crime...murder...whatever. Both could claim innocence and blaim the other. There would be no way for DNA evidence to convict them. Of course, other evidence might be available. The thought just crossed my mind, and thought I'd share.
> ... paternity suit that not even DNA testing can solve.
For anyone tallying potential issues with human cloning.
You're quite right, of course. Alas, I have been smacked down for being a smart aleck.. :) That's what I get for trying to be cute instead of accurate. Wonder if I can take Rather's job at CBS....lol.
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