Source: ANCPR News

MOUNT CLEMENS — A 17-year-old is suing his mother in Macomb County Circuit Court to force her to reveal the identity of his biological father.

Two years ago, the teen — identified as “Minor J” in court filings — learned that the man who helped raise him wasn’t his real father. Now, with help from that man, who is his legal father, he’s involved in a lawsuit that could help determine what rights children have to know the identity of their parents.

The case centers on the teenager’s desire to know his family genetic history for health purposes, said Henry Baskin, a prominent Birmingham attorney who represents Minor J.

The mother, who lives in Fraser and is identified as Diane J., “owes her son this information,” said Baskin, who acknowledged that he could find no legal precedent that would compel her to provide the information.

“I’ve checked all over the county and I can’t find anything,” he said.

The boy’s mother could not be reached for comment and apparently is not yet represented by an attorney.

J. Michael Kelly, a prominent Santa Monica., Calif., family law attorney and a University of Southern California professional, said he believes the son has a right to sue to find out who his father is.

“It’s an overriding right,” Kelly said. “It would be extraordinarily selfish for the mother not to disclose. A human’s desire to know who their parents are and where they came from is crucial. He can’t say, ‘this is my grandfather, this is my grandmother.’ He has no history.”

Baskin said the case is not going to be about child support.

“It’s ‘Who’s my daddy?’ It’s unfair to everyone not to know genetically what’s going on. It’s either going to be a case that will set precedent or it will lead to some legislation if I can’t sustain the case.”

Diane J. and her former husband were divorced in 1995. The couple was married at the time Minor J. was conceived in 1988, Baskin said.

In 2004, the husband began to have doubts that the teen was his biological child, Baskin said. After the divorce, Minor J. split his time between his mother’s home and her former husband’s home in Oakland County. And he still does.

“The father, who loves this person by the way and is very much in his life, just for some reason thought, ‘Geez, there’s something genetically incorrect.’ ”

In April 2004, the family was tested. Two separate DNA tests dispelled any possibility that the man was his father, according to the lawsuit.

The teen asked his mother for the identity of his father. According to the lawsuit, his mother gave another name — referred to as “Mr. X” in the lawsuit.

Three months later, another DNA test revealed Mr. X wasn’t the father, either.

It was then that the mother refused to reveal the identity of the biological father.

“It’s unfair to everyone not to know genetically what’s going on,” Baskin said. “If you were in your teens and want to go to college, get married and have a baby, wouldn’t you like to know your family medical history before you have a child?”

Baskin points out that even donor and adoption agencies require a medical history of both parents in an effort to ensure a healthy lifestyle for the child.

“It is imperative to know his predisposition to disease,” he said.

“How important the family history is depends on what’s in the family history,” said Dr. Alan Guttmacher, deputy director of the National Human Genome Research Institute. The institute is part of the National Institutes of Health in Bethesda, Md. “It’s very useful for everyone to know their family history to the greatest degree possible. If you have good (information), it can alert you to specific disorders.”

That medical background can help someone make better lifestyle choices, such as early medical screenings, diet and exercise, he said.

The worst-case scenario is for someone to unknowingly be at risk for a particular disease they wouldn’t normally think about unless it’s in the family medical history, he said.

In addition, the biological father could be compelled to pay support. But the clock is ticking. A child can sue for support from his biological parent when he’s a minor up until a year after reaching adulthood. So the teenager has until Jan. 25, 2008 — his 19th birthday — to find his biological father. Baskin said he served the woman with the lawsuit on Wednesday and hopes to take her deposition within two weeks to find the father.

“I need to get that information and the information wasn’t forthcoming,” he said.