(PRWeb) February 26, 2007 -- MSNBC News legal analyst, NYC lawyer Lisa Beth Older, Esq., appeared 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.
Upon the death of Anna Nicole Smith, and with the parentage of Dannielynn in balance, New York City MSNBC and ABC News Lisa Beth Older, Esq. addressed a serious loop hole in State laws which leave the question of the rights of unborn children to the potential capriciousness 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, 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. The laws rely upon the notion of "home state" jurisdiction, which is defined as the Court located where the child is born or has lived six months prior. If Congress does not act to expand the time of "home state jurisdiction" to include the time of pregnancy; a change from six months to fifteen months, and if UCCJEA and UIFSA is not amended Lisa Beth Older argues that the unborn child is potentially deprived of knowing their biological parents and asserting US citizenship.
The UCCJEA fails to safeguard unborn fetuses conceived in the United States. The National Commission has reported to Congress that the Bahamas is currently listed as a country of concern as a country that doesn't act on applications and abide by the rules of the Hague convention for the return of abducted children to the US.
Lisa Beth Older argues that Howard K. Stern, and others like them under the prevailing law, may be encouraged to leave the United States in order to legally circumvent United States law governing paternity and Custody, laws which rightfully 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 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, 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. If the Bahamas does not order blood testing on Anna Nicole Smith's the unborn child the child may never know her biological parent. An unborn child has the fundamental human right to know their biological father, and to allow people, such as Howard Stern, to remove an unborn child from US jurisdiction not only sets bad precedent but also encourages other pregnant woman and their friends to flee the United States in an arbitrary effort to defeat the fundamental human rights of all biological fathers and unborn children throughout the world. As such in the ultimate analysis Larry Birkhead has an uphill battle at this point.
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