ST. THOMAS — A Senator Novelle Francis-sponsored measure that\u00a0gives children who were neglected by their fathers the right to seek inheritance through DNA testing, is now the law of the land, as Governor Kenneth Mapp on Thursday signed the measure into law, according to a press release Government House issued late Sunday. It was previously approved by the full Senate.<\/p>\n
Bill no. 31-0124 \u2014 \u201can Act which permits a child born after making a will to collect from descendant\u2019s estate by authorizing the establishment of paternity through DNA testing\u201d \u2014 will amend the territory\u2019s paternity laws which, according to Mr. Francis, have not been updated since 1957.<\/p>\n
The first-term Democrat had explained the measure succinctly\u00a0at the Fritz Lawetz Conference Room in the Frederiksted Legislative Building in mid-September, 2015, during a\u00a0Committee on Health, Hospital & Human Services hearing, chaired by Senator Kurt Vialet.<\/p>\n
\u201cThis bill came highly recommended by legal professionals who have witnessed the unfortunate result of the dated probate laws in the Virgin Islands,\u201d Mr. Francis said.<\/p>\n
He then explained the current situation working to the disadvantage of some children born out of wedlock, and those who fathers choose not to claim: \u201cCurrently, if the person has a will, he or she can leave the estate to whomever they want, to include a legitimate or illegitimate child or children. If they do not have a will, they die in interstate (without a will). Once that happens, the estate is divided among legitimate children and certainly family members,\u201d Mr. Francis divulged.<\/p>\n
He continued: \u201cWhen the mother of an illegitimate child dies intestate, the illegitimate child have no problem receiving their portion of the estate because the mother\u2019s name is on the birth certificate. But when the father of an illegitimate child dies intestate, if the father has not recognized that child prior to his death, Virgin Islands law, in its current form, essentially punishes these children.<\/p>\n
\u201cIf the father dies without recognizing the child, there are only three ways to prove that the illegitimate should inherit: 1), birth certificate, 2), if the court says he or she is the child\u2019s father, or 3), leaving a signed document that he\u2019s the child\u2019s father,\u201d Mr. Francis said.<\/p>\n
Attorney\u00a0John Merchant, board member of the V.I. Bar Association, testified in support of the measure, arguing that breakthroughs in forensic technology have made paternity determination through DNA testing a reality.<\/p>\n","protected":false},"excerpt":{"rendered":"
ST. THOMAS — A Senator Novelle Francis-sponsored measure that\u00a0gives children who were neglected by their fathers the right to seek inheritance through DNA testing, is now the law of the land, as Governor Kenneth Mapp on Thursday signed the measure into law, according to a press release Government House issued late Sunday. It was previously […]<\/p>\n","protected":false},"author":3,"featured_media":28637,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[228,191,2474,147],"tags":[3272,1648,121],"yoast_head":"\n