“Scary” Spice Girl Mel B (Melanie Brown) says that Eddie Murphy is definitely the father of the baby she is carrying. Brown and Murphy dated earlier this year.
Murphy, however, is quoted as saying to a reporter in regards to whether or not he was the father, “And we don’t know whose child that is until it comes out and has a blood test. You shouldn’t jump to conclusions, sir.”
Murphy’s representative, however, claims that the actor never made any such a statement.
In California, when the parents of a child who is born are not married, paternity must be legally established. Both parents can establish who the father’s child is be signing a Declaration of Paternity. If necessary, paternity can be proved by taking a blood test. A man can also prove that he isn’t the father of a child by taking a blood test.
The Superior Court of California, county of Contra Costa, offers the following information on what a man should do if he does not think he is a child’s biological father but the child’s mother is making the claim that he is:
· If a man receives papers seeking to establish him as the father of a child, he needs to respond right away. Sometimes, if the man does not think he is the biological father he ignores the papers. This is a BIG mistake. As the court summon states: “If you do not file your Response on time…. You may be ordered to pay support and attorney fees and costs….”
· If the man signed the Declaration of Paternity form (CS 909) – and changes his mind less than 60 days (about 2 months) later – he can ask to get the form cancelled.
· If the man signed the Declaration of Paternity form (CS 909) – and more than 60 days has passed – he can go to court to ask to get the form cancelled
· If the man NEVER SIGNED the Declaration of Paternity form and has been summoned to court, he has 30 days to respond and say that he is not the father.
According to California Family Code 7541, a deadline to dispute a paternity claims is two years from the time that paternity was established or the child’s birth date. Between January 2005 and December 2006, however, man who were established as a child’s legal father as a result of a default judgment can request that the court throw out the old judgment while taking a paternity test.
Sagaria Law P.C., handles paternity cases and other family-law related issues for clients in Monterey County, Santa Clara County, and Alameda County. If you would like to make a paternity claim or dispute a paternity claim, contact Sagaria Law, P.C. today for a free consultation.
Spice Girl Mel B. fires back at Eddie Murphy, MSNBC.com, December 7, 2006
Eddie Denies Paternity Of Scary’s Baby, Allheadlinenews.com, December 4, 2006
Can a Man Ask for a DNA Test to Challenge an Old Paternity Claim? Superior Court of California, Contra Costa County
Related Web Resource:
Paternity Opportunity Program, California Department of Child Support Services
Declaration of Paternity CS 909 (PDF)