Man vows to fight paternity statute
It took 16 years, but the man who questioned whether he is the biological father of a child born to his now ex-wife while they were married has obtained DNA test results that prove he is not the father.
Mark Spaid, who had a vasectomy three years before the child was born, fought for years to prove the child was the product of his wife’s extramarital affair.
But the court system rejected his request for a paternity test and required him to pay child support for years.
Spaid, of Millville, finally secured a DNA test last month as part of an unrelated court proceeding. For him, the development comes too late to have any practical impact. He was relieved of child support payments three years ago after being injured at work, he said.
But Spaid said he hopes his case will help prompt changes in a legal doctrine, known as the presumption of paternity, that he and other fathers’ rights advocates say can be unfair to men in certain situations.
The statute assumes a husband is the father of any child born to his wife during their marriage. It is meant to protect children and ensure their care. But fathers’ rights advocates say changes need to be implemented to ensure it is not abused by unscrupulous women.
Spaid, formerly of Swoyersville, thought he had a strong case when, in 1992, he sought a paternity test to determine whether he was the father of a daughter, Angel, who was born on Feb. 21, 1991. Spaid argued he could not be the father because he had had a vasectomy in June 1988. He and his wife divorced in 1992.
A Luzerne County judge rejected his request for a paternity test, however, based on the presumption of paternity statute.
Spaid wrote dozens of letters to state officials, hoping to convince them to draft legislation to make it easier for married men to obtain paternity tests in disputed cases. Several bills were introduced in 1999, but none was enacted.
Since his case was decided, there have been other court cases that cleared the way for DNA tests in situations where the father alleges fraud on the part of the mother.
In 2002, Luzerne County Judge Chester Muroski issued a precedent-setting ruling that allowed William Doran of Avoca to stop child support payments after a DNA test proved he was not the father of a child born during his marriage.
Doran’s attorney, Elliot Edley of Wilkes-Barre, said he has since successfully argued several additional cases. They remain difficult to prove, however, as the father must show there was deceit on the mother’s part, Edley said.
Edley noted multiple other factors may come into play, including how long it took for the father to challenge paternity, and whether he ever held himself to be the child’s father.
“The important thing is how soon they act after they find out or determine they are not the biological parent. If they are aware of it and sit on it, they’re finished,” Edley said.
In Spaid’s case, he was able to attain a DNA test only because he learned that Angel, who no longer lives with her mother, was seeking to be adopted by the parents of one of her friends.
The couple asked him to relinquish his parental rights. They agreed to a DNA test to ensure he was the biological father. The test was performed in October and he got the results on Nov. 17.
Spaid said the notification prompted him to restart efforts to get the paternity law changed.
“This law needs to be changed, if not for the rights of fathers, at least for the rights of children,” Spaid said. “Children have a right to know who the father is.”
He’s also considering if there is any legal action he may take to get reimbursed for the child support and legal costs he incurred over the years, which he estimates at around $10,000.
“She knew about the vasectomy and was cheating on me all along,” he said. “She lied in court and didn’t get anything. If it was me lying in court they’d throw me in jail for sure.”
“This law needs to be changed, if not for the rights of fathers, at least for the rights of children. Children have a right to know who the father is.”
DNA proves child born to Mark Spaid’s ex-wife during their marriage was not his.
