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Identical twins in paternity dispute Science/Biology
What do you do when identical twins claim they're not the father of a baby even though they both slept with the mother on the same day? You go to court and whoever the woman claims is the father gets screwed, according to the article dave submitted.
Twin brothers Raymon and Richard Miller are the father and uncle to a 3-year-old little girl. The problem is, they don't know which is which. Or who is who. The identical Missouri twins say they were unknowingly having sex with the same woman. And according to the woman's testimony, she had sex with each man on the same day. Within hours of each other.

When the woman in question, Holly Marie Adams, got pregnant, she named Raymon the father, but he contested and demanded a paternity test, bringing his own brother Richard to court. But a paternity test in this case could not help. The test showed that both brothers have over a 99.9 percent probability of being the daddy and neither one wants to pay the child support. The result of the test has not only brought to light the limits of DNA evidence, it has also led to a three-year legal battle, a Miller family feud and a little girl who may never know who her real father is.

"'Did you sleep with him [Richard Miller] while in Sikeston for the rodeo?'," Cameron Parker, Richard's lawyer, said she asked Holly Marie Adams in 2003 court testimony, to which she answered "'Yes ma'am.'" "She then said she went to appellant's [Raymon Miller's]home where they had sex later that night or early the next morning," Parker said. Asked if it is true that he did at one time formally date Adams, Richard Miller told ABC News, "Well, if you call that dating." Raymon confirms that he never dated Adams in any sense, but that they were "messing around."

"I want to go to the Supreme Court," Raymon told ABC News. "If they can't prove it's me then they should throw it out of court." And as for the child support, he said, "The state should eat it."

It seems, however, that the Millers and the courts will never know the true father. "With identical twins, even if you sequenced their whole genome you wouldn't find difference&they're clones," said Dr. Bob Gaensslen, a forensic scientist at Orchid Cellmark labs in Texas. "There are a few things in science that are cut and dried and this is one of them." Dr. Bob Giles, a paternity testing expert, agrees. "There is simply no test that explains the difference between two identical twins," he said.

The final appellate court decision, filed this year, ruled that Raymon will remain the legal father. In Missouri, a paternity test must come back with 98 percent or higher probability that DNA matches in order for a man to be named the legal father.

"They say you have to prove with 98 percent certainty that you're the father. But since with my brother it's a 99 percent chance and with me it's a 99 percent chance -- that seems like more of a 50/50. What if there was a rape or murder case with twins? Then they could just go around pointing the finger at the other," Ramon said. But a paternity suit is very different from a criminal case, noted Lori Andrews, a top genetics lawyer. "In a criminal case there is a chance that the twin would get off because the DNA cannot pinpoint only one person, but here there is a different issue. The legal standard is lower."
This is a really interesting case, and I'm pretty surprised that there's no (currently known) way to distinguish identical twins. I would have expected there to still be subtle DNA differences or something. That last quote about identical twins framing each other in crimes would make for a pretty compelling episode of Law & Order!

Submitted by dave  |  2 comments

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  • [Untitled]
    Posted by: dave on May 23rd, 2007 | 12:16pm

    It's funny you mention Law and Order. I watched that a lot back in the day, and then they came out with 20 versions and I watched some of those too, but about a month ago I started tivoing the orginal version, and it's still compelling tv.

    • [Untitled]
      Posted by: niraj on May 23rd, 2007 | 12:19pm

      Yeah, once we got HD, it's on all the time on TNT and often it's the only good thing on so I've seen a ton of episodes over the last few months.