Twin brothers have thwarted paternity testing by having *** with the same woman.

She named one brother as her daughter's father, but he demanded a paternity test, which showed that his twin brother has the same 99.9 percent probability of being the dad. A judge decided that the first brother was the legal father, so he has to pay the child support. First brother's spins: 1) In my case, the probability of paternity isn't 99.9 percent; it's 50 percent. 2) "If they can't prove it's me then they should throw it out of court." 3) As to the child support, "The state should eat it." Rebuttals: 1) The futility of DNA testing in this case just means courts have to decide paternity based on old-fashioned evidence, which they did. 2) Since both guys had *** with the woman, they should split the child support. 3) God help us if a similar situation arises in a criminal case.

Whats your thoughts???

My best friend and I have wondered what would happen in this situation for years! We saw a talk show (Montel I think) and it comes up in our conversation often. I cannot wait to tell her about it.

Honestly, I hadn't ever thought about that before. But wow, what a fiasco that could be in the legal system. As great a tool as DNA testing has become, (and believe me I'm old enough to remember going through some of my own previous issues when DNA wasn't even admissible in court), it's crazy to think that a case involving identical twins where DNA would have solved any questions that the case would still fall back on trying to come up with whatever other evidence possible.
Just because on this paternity suit, I say sure let them split the support payments, they did both have *** with this person. But wow, what a fiasco indeed that would be in a criminal case. You couldn't just convict and punish both to be sure you got the right person, I mean at least in the paternity case they were both "guilty"

amazing how 35 years ago we were walking on the moon. yet in 2007 we STILL cant be 100% sure who a father of a child is. tisk tisk on science.