Bay Area Family Law





Tuesday, March 27, 2007

Legal rights of unborn children

NYC lawyer Lisa Beth Older, Esq., MSNBC News legal analyst, turned up on MSNBC News Saturday and Sunday, raising novel concerns regarding Anna Nicole Smith and the legal rights of unborn children that go to the heart of what is on everyone's mind. Is Larry Birkhead the father of Danni lyn? Is Howard K. Stern the father of Danni Lyn? Is O.J. SImpson the father? Is paternity the same as custody? New York City divorce lawyer and NYC divorce lawyer Lisa Beth Older offers her analysis.

Upon the demise of Anna Nicole Smith, and with the custody, paternity and child support parentage issues of Dannielynn Smith in balance, New York City MSNBC and ABC News Lisa Beth Older, Esq. addressed serious lacunae in State laws which leave the question of the rights of unborn children to the potential unpredictability of other foreign countries. This breaking news angle on Anna Nicole Smith and the right of unborn children and viable fetuses has the world pondering the fate of Dannielynn and the human rights of all unborn children. Custody, paternity and DNA testing needs to be addressed in these cases as well as in the case of Anna Nicole Smith.

Foreseeing the problem of parental kidnapping of children and forum shopping for custody, child support and other family law benefits, as in the case of Larry Birkhead, Howard K. Stern, and Dannilynn Hope Smith, as to paternity and DNA testing results, most States have already adopted UIFSA, the Uniform Interstate Family Support Act, and the UCCJEA, the Uniform Child-Custody Jurisdiction and Enforcement Act, and both sets of laws provide State courts with the power to determine paternity and custody where there is more than one state involved, such as where one parent kidnaps or brings a child across state lines..

Lisa Beth Older argues that Howard K. Stern, Anna Nicole Smith, and even Larry Behead and others like them under the prevailing law, may be pepped up to leave the United States in order to legally circumvent United States law governing paternity and Custody, laws which justly give preference to the biological father under the US Supreme Court decision of Stanley v. Illinois. If a child like Dannielynn is conceived in the US by Larry Birkhead but brought to the Bahamas, then it is up to the biological father to rebut the presumption of legal parentage by requesting discretionary blood testing.

In the Bahamas, NY family law lawyer Lisa Beth Older says, the law presumes that legal parentage and custody and paternity, is in the man who cohabits with the pregnant mother for a significant time and enters into a voidable marriage. This is to the detriment of the biological father and to his unborn fetus. The laws governing New York Family Courts act differently than foreign sovereigns. If the Bahamas does not order blood testing on Anna Nicole Smith's the unborn child the child may never know her biological parent

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