Father Takes DNA Paternity Fraud Case To U.S. Supreme Court!

Carnell Smith Pfv

Carnell Smith Pfv

Smith is now asking the U.S. Supreme Court to hear his DNA “paternity fraud” case. Nationally renowned fathers’ rights attorney and advocate, Jeffery M. Leving of Chicago, has filed an appearance with the high court to represent Smith.

Although this court ruling sounds unusual, it isn’t. There are countless men who find themselves in Smith’s situation.

Partially as a result of the availability of DNA paternity testing, men are discovering in alarming numbers that children they believed were their biological offspring are not. It was reported that in 28 percent of paternity tests conducted in 1999, the man being tested was not the biological father. Nevertheless, many of these men continue to be liable for child support for other men’s children or suffer the consequences of jail.

This can happen to married men because many states adhere to a 500-year-old English common-law doctrine that presumes a married man is the father of a child born of the marriage. Never-married men can find themselves in this precarious position through default paternity and child support judgments.

Such a judgment can be court ordered without the alleged father’s knowledge. For example, the alleged dad does not show up at court to contest the paternity action because he did not know about the court date. This can result when the alleged father is not personally served notice of the court date by a process server or law enforcement officer.

“The issue is crystal clear. Paternity fraud is just as reprehensible as any other kind of fraud from which Americans need protection. When we condone fraud in paternity DNA cases, we undermine our entire system of justice. It’s time to correct this injustice,” said Leving.

This is an issue with urgent national significance.

Paternity fraud is the only crime where the victim is persecuted for the actions of the guilty party,” said Smith. “My case is representative of many similar cases nationwide. A correct decision by the U.S. Supreme Court would offer justice and relief to many.”

“My petition to the high court argues that the Georgia statute enables the Georgia courts to have the power to force biological fathers to pay child support, but this power does not extend to forcing a non-relative who did not adopt a child to pay,” said Smith.

“Making men pay child support for children proven by DNA testing not to be theirs is not in the best interests of children and families. It can also deprive children of ever knowing their true biological fathers,” said Leving.

Nationally, this issue has picked up great momentum. Ohio and, most recently, Georgia have passed legislation that allows men proven by DNA testing not to be the father of a child to be released from child support payments.

Georgia passed paternity legislation with votes overwhelmingly in favor of releasing non-dads from being forced to pay child support. In Georgia, the legislation passed the House 163-0 and the Senate 45-5. California is currently considering similar legislation.

Leving believes that this U.S. Supreme Court case could bring relief to countless victims of paternity fraud in America and stop the needless suffering of children and families. Otherwise, the laws dealing with paternity and child support issues must be changed gradually state by state, which will be unnecessarily time-consuming and will prolong the injustice.


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9 Comments so far

  1. Mahdi N. El on March 17th, 2009


    I think that what you’re doing for duped dads is as great of a task as what Martin Luther King Jr. did for the garbage workers union in his day. You are indeed a crusader, a champion for the voiceless, an upholder of the constitution, and a modern day civil rights leader in our midst. You could have gone quietly like most duped dads do, but you decided to stand up for the rights of men, women, and children who are victims of paternity fraud. You are truly an inspiration. Godspeed on this path to justice!

  2. lgoregon on May 22nd, 2009

    Please post on your website a copy of your Petition to US Supreme Court. (Or email me a copy. PDF format would be OK.)


  3. Attorney Earlyne M. Thomas on August 2nd, 2009

    I practice family law in St. Louis. The State of Missouri recently passed a law giving men the right to ask for DNA testing to disprove paternity and stopping further child support in most cases. The law also provides that a parent who previously had criminal charges because of unpaid child support, may be able to have the criminal charges expunged.

  4. Steven Boston on October 6th, 2009

    Thank you for your efforts. Many things in the child support laws are outdated. If we have the technology/wherewithal to determine the truth we should be able to act on it.

  5. Kurtrina Parker on October 17th, 2009

    Finally, someone is taking a stand. I am a WOMAN and i don’t understand why society acts as if they dont know when something is wrong. I am witnessing a case of the same nature and I am so disappointed with the women who are are doing this. Paternity fraud is just another way to destoy a persons life. Come on ladies step it up.

  6. Overwhemling Support on January 8th, 2011

    I am amazed it has taken so long, but I understand why this have far reaching effects. Think about this, the number of paternity fraud on Military members, if the numbers are even close, the amount of money tax payers have been defrauded by paying for health care, increased housing allowance to military members.. and the list goes on and on… I hope it becomes a standard to DNA test and punished the same as fraud.

  7. edward a. wilson jr. on January 17th, 2011

    i was married in 1992 to christen pruet,we seperated and reconciled amanda dawn wilson was born in august 23, 1993. we were divorced in 1998 i paid out of pocket for a dna test it come back that i was not the father. i am having to pay $457.00 a month and christy keeps opening up dhs which states i am 29,000.00 behind,the federal and state take my taxes every year garnish my checks and i havent seen amanda in over 11 years. i need help with this case right now im unemployed, the judge threatens to put me in jail and i have dna prove stating im not the father. i have been trying to get help with this case but always told you were married when the child was born its your responsibility is there anyone who can help me with this case.

  8. Carnell Smith on May 26th, 2013

    God never uses lies and deceit to get anyone to take care of other people’s children. The family court system does not view the bio-dad nor defrauded man as a valued parent.

    The attempts to see a child when the mother refuses to allow active parenting — is an uphill and nearly impossible battle for a lot of dads. There is little empathy nor assistance provided to men who want to be active fathers, instead of being treated as cash money machines.

    There are some lines that no one will force a man to cross. When told to bow down, surrender his tithes and offerings dedicated to God, lose the family home then live on the streets – he said “NO MORE”.

    A man cannot dump a child when the mother refuses to allow any contact after the truth of her lie and scheme was revealed. When asked to allow the man and his family to continue a relationship with the daughter without a court order and no more payments … the child’s mother said “NO”. Some people would accept being jailed and enslaved, instead I and many others took action to expose the tax payer funded support of paternity fraud in family courts.

    Mary did not deceive Joseph, and God intervened by informing Joseph through an angel of her immaculate conception. There is no accurate comparison where Joseph knew that Jesus was his step-son before the wedding and birth. Truth will always matter to God.

    There is no way that paternity fraud can be equal to the divine birth of Jesus Christ when God does not support fraud.

    May God grant you healing and peace from the estrangement of your biological father.

    Minister Carnell Smith
    John 8:32, Nahum 1:7

  9. ann l. detiere on January 8th, 2015

    there should be some kind of federal lawsuit with equal protection challenge to 60 day limit to vacate AOP (at least in NY) and denial of due process rights to obtain court ordered testing when the AOP is procured by hospital staff when there is no representation by counsel; the paternity laws should be challenged not from family court appeals but in federal court; where there is a will there is a way and prolonging such bad law is intolerable.

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