DLM
12-01-2004, 02:00 PM
Twin v. twin: Paternity puzzle could make history in Canada
Wed Nov 17, 6:00 PM ET
By Jessica Su, Court TV
(Court TV) — When a Montreal man tried to claim paternity of his ex-girlfriend's child in August, he discovered he would get no help from a DNA test: The woman had had an affair with his identical twin.
Now the brothers — and their matching sets of genes — are at the center of a convoluted paternity puzzle that could turn into a precedent-setting case in Canada.
The man seeking paternity, whose name, along with others in the case, is withheld under Quebec law, learned of the affair when he sought visitation rights for his ex-girlfriend's five-year-old son.
The woman refused, claiming she was not sure which twin was the father.
Quebec Superior Court Judge Paul Jolin asked the man to undergo a DNA test by Dec. 1, to ensure that he can even claim paternity.
If he tests positive, his brother may also be tested to verify that they are identical twins. In that case, the battle could go to court.
"In the case where both brothers test positive, that's where we have a problem," said Myriam Pamphile, who is representing both twins. "There's no precedent in Canada's judicial system."
Kristine Ashcraft, spokesperson of Genelex, which has provided DNA testing since 1987 and recently cleared singer Marc Anthony in a paternity case, said science will likely not settle this case.
"There's no way to tell who the father is. They have the same DNA," Ashcraft said.
She admitted that identical twins have slightly different genes due to mutations, but they would be nearly impossible to detect.
"In terms of the entire genome, there's a few differences in thousands of genes to look at," Ashcraft said. "It would probably cost hundreds of thousands of dollars."
If DNA can't decide the paternity, Pamphile said the court should look at the "facts."
By the time the child was born, the woman had ended the dual relationship and was only seeing the man who wants paternity, Pamphile said.
"The other twin is known by the rest of both families as the uncle of the child," she said. "The man claiming paternity said he has given financial support to the mother, even when she refused it. He saw the child every two weekends."
The woman's lawyer, Catherine Bamber, contends her client was not committed to either twin.
"The brothers are her friends and had sexual relations with the mother, but they were never together as a couple," she said.
The twins initially refused to have their DNA tested. The man seeking paternity said he did not want to pay for the analysis.
PRO-ADN Diagnostic, the lab mandated by the court, charges $537 for a legal paternity test, according to its Web site.
The brother said he did not consider himself part of the case because he is now married and has children. He also said he believed his twin was the rightful father.
If testing cannot solve the paternity mystery, Pamphile speculated that the judge would rule in favor of her client.
"For the sake of the child, you have to compromise," she said. "You want a child to grow up with both the father and mother, because he can learn from both of them."
Wed Nov 17, 6:00 PM ET
By Jessica Su, Court TV
(Court TV) — When a Montreal man tried to claim paternity of his ex-girlfriend's child in August, he discovered he would get no help from a DNA test: The woman had had an affair with his identical twin.
Now the brothers — and their matching sets of genes — are at the center of a convoluted paternity puzzle that could turn into a precedent-setting case in Canada.
The man seeking paternity, whose name, along with others in the case, is withheld under Quebec law, learned of the affair when he sought visitation rights for his ex-girlfriend's five-year-old son.
The woman refused, claiming she was not sure which twin was the father.
Quebec Superior Court Judge Paul Jolin asked the man to undergo a DNA test by Dec. 1, to ensure that he can even claim paternity.
If he tests positive, his brother may also be tested to verify that they are identical twins. In that case, the battle could go to court.
"In the case where both brothers test positive, that's where we have a problem," said Myriam Pamphile, who is representing both twins. "There's no precedent in Canada's judicial system."
Kristine Ashcraft, spokesperson of Genelex, which has provided DNA testing since 1987 and recently cleared singer Marc Anthony in a paternity case, said science will likely not settle this case.
"There's no way to tell who the father is. They have the same DNA," Ashcraft said.
She admitted that identical twins have slightly different genes due to mutations, but they would be nearly impossible to detect.
"In terms of the entire genome, there's a few differences in thousands of genes to look at," Ashcraft said. "It would probably cost hundreds of thousands of dollars."
If DNA can't decide the paternity, Pamphile said the court should look at the "facts."
By the time the child was born, the woman had ended the dual relationship and was only seeing the man who wants paternity, Pamphile said.
"The other twin is known by the rest of both families as the uncle of the child," she said. "The man claiming paternity said he has given financial support to the mother, even when she refused it. He saw the child every two weekends."
The woman's lawyer, Catherine Bamber, contends her client was not committed to either twin.
"The brothers are her friends and had sexual relations with the mother, but they were never together as a couple," she said.
The twins initially refused to have their DNA tested. The man seeking paternity said he did not want to pay for the analysis.
PRO-ADN Diagnostic, the lab mandated by the court, charges $537 for a legal paternity test, according to its Web site.
The brother said he did not consider himself part of the case because he is now married and has children. He also said he believed his twin was the rightful father.
If testing cannot solve the paternity mystery, Pamphile speculated that the judge would rule in favor of her client.
"For the sake of the child, you have to compromise," she said. "You want a child to grow up with both the father and mother, because he can learn from both of them."