Paternity Fraud Accountability Act Section 1: Short Title
Section 2: Definitions
Clearly define key terms, including "Paternity Fraud," "Accuser," "Alleged Father," and "Real Father" as previously discussed.
Section 3: Mandatory DNA Testing
Mandate the requirement for mandatory DNA testing to determine biological paternity in cases where paternity is in dispute.
Provide an opt-out provision for men who believe they are the biological father and wish to waive the DNA test.
Clarify that if a man chooses not to undergo the DNA test, it does not absolve him of potential responsibilities unless proven otherwise.
Section 4: Consequences for Paternity Fraud
If the accuser (mother) is found guilty of committing paternity fraud:
Establish financial restitution: Require the accuser to pay back any financial support obtained from the alleged father as a result of the paternity fraud.
Indemnification of the alleged father: Release the alleged father from any legal responsibility for the child, including financial support and custody, unless he voluntarily expresses a desire to continue such responsibilities.
Criminal penalties: Determine appropriate criminal penalties, such as fines and imprisonment, for the accuser found guilty of paternity fraud.
Custody determination: Provide guidelines for the court to determine custody arrangements, prioritizing the best interests of the child and considering the relationship between the child and the real father (biological father), if he comes forward.
Section 5: Right to Appeal
Grant the alleged father the right to appeal the findings of the lower court directly to the state Supreme Court within a specified timeframe.
Ensure that the state Supreme Court has the authority to review the case and consider any legal or constitutional issues raised.
Section 6: Expedited Review by the U.S. Supreme Court
Specify that if the alleged father exhausts all available remedies at the state level and the case involves substantial federal constitutional questions or issues of national importance, the alleged father may request expedited review by the U.S. Supreme Court.
Outline the procedure for filing such a request and the criteria for the U.S. Supreme Court to grant an expedited review.
Emphasize that the U.S. Supreme Court has the discretion to decide whether to grant expedited review based on the merits of the case.
Section 7: Child Welfare
Prioritize the best interests of the child when determining custody and care arrangements, including considerations for stability, the child's relationship with the biological father, and the child's overall well-being.
Section 8: Implementation and Enforcement
Assign the federal agency or department responsible for implementing and enforcing this law, including oversight of DNA testing processes, financial restitution, and compliance with custody arrangements.
Provide guidelines for the establishment of procedures, timelines, and any necessary regulations for effective implementation.
Section 9: Applicability and Jurisdiction
Specify that this law applies to cases of paternity fraud within the jurisdiction of the United States and falls under federal jurisdiction.
Section 10: Severability
Include a standard severability clause to ensure that if any provision of the law is deemed invalid in case of conflict of interest.
Section 11: Effective Date
Determine the effective date of the law upon passage, allowing a reasonable time-frame for compliance.
Section 12: Retroactive Application (look into constitutional laws on the topic)
Study the feasibility and potential constitutional implications of retroactive application and consult legal experts and lawmakers for guidance on the scope and limitations of retroactive provisions, if deemed appropriate.
Section 13: Overriding State Laws (look into Insult to injury)
Evaluate the constitutional considerations and federalism principles involved in overriding state laws and consult legal experts and lawmakers for guidance on the extent to which state laws can be superseded by federal legislation if deemed appropriate.