Mcgregor

Sherry-Ann McGregor, Contributor

It would be unusual to find Jamaican men lining up to be participants in a race towards paternity. In fact, some of them may not want to show up for the race at all.

Compare this to The Bahamas, 2007, where five-month old Dannielynn, who may be Anna Nicole Smith's sole heir, has no less than four potential fathers - Howard K. Stern, Larry Birkhead, actress Zsa Zsa Gabor's husband and even her mother's late husband. All of the candidates seem to have legitimate reasons to be in the starting blocks, even the dead man.

How would our local court handle this issue?

Stern would certainly have pride of place, as factually he is Dannielynn's father, since his name is on the birth certificate. The Children (Guardianship and Custody) Act makes it absolutely clear that each parent has an equal right to custody of a child. Since Stern is the child's only living parent, he would also be entitled to custody unless the court determines otherwise.

Based on Section 10 of the Status of Children Act, any of the following persons may apply to the Resident Magistrate's, Family or Supreme Court for a declaration of paternity:

A woman who alleges that a named person is the father of her child. (Of course, it is too late for Anna Nicole to apply.)

Any person who alleges that the relationship of father and child exists between himself and any other person. (It seems that even the administrator of the estate of Anna Nicole's late husband could apply.)

Any person who has a proper interest in the determination as to whether the relationship of father and child exists between two named persons.

On any application to prove paternity, the birth certificate is only one piece of evidence, which may be refuted if there is medical evidence which contradicts it.

Evidence would be taken to determine the nature of the relationship between the mother of the child and the alleged father. However, the most compelling evidence could come from blood or DNA (deoxyribonucleic acid) tests. The court may order blood tests to be taken, which could serve to eliminate some of the participants from the race, but could not actually establish who the biological father of the child is.

The DNA test is, by far, the most convincing method. If the DNA of the child does not match that of a particular participant, he can be eliminated with 100 per cent certainty. However, if the DNA matches, it will be sufficient to prove paternity with a 99 per cent or greater, certainty.

It is often said that "the hand that rocks the cradle rules the world." In this case, the hand of the man who rocks Dannielynn's cradle will potentially rule her mother's US$474 million fortune. The outcome should be interesting.