The law took effect July 1 but hasn't been used yet. Cord blood samples would have to be taken immediately after birth, and the state medical examiner is setting administrative rules for how the blood will be collected and stored.
If a girl younger than 16 gives birth and won't name the father, a new Mississippi law says authorities must collect umbilical cord blood and run DNA tests to prove paternity as a step toward prosecuting statutory rape cases.
The new law says it's reasonable to think a sex crime has been committed against a minor if the baby's mother won't identify the father or lists him as unknown, or if the identified father disputes paternity, is 21 or older, or is deceased. The law says health care workers and facilities cannot face civil or criminal penalties for collecting cord blood, and failure to collect is a misdemeanor offense. The law doesn't address whether the mother can refuse blood collection or what would happen to her if she does.
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The DNA tests could lead to prosecution of grown men who have sex with underage girls, said Republican Gov. Phil Bryant.
Bryant's staff says the idea for the law came from public meetings conducted by the governor's teen pregnancy prevention task force — a group that focuses mostly on promoting abstinence.
Megan Comlossy, health policy associate for the National Conference of State Legislatures, said she thinks Mississippi is the first state to enact a law authorizing the collection of blood from the umbilical cord — a painless procedure — to determine paternity.
Supporters say the law is intended to chip away at Mississippi's teen pregnancy rate, which has long been one of the highest in the nation. But critics say that though the procedure is painless, it invades the medical privacy of the mother, father and baby. And questions abound: At roughly $1,000 a pop, who will pay for the DNA tests in the country's poorest state? Even after test results arrive, can prosecutors compel a potential father to submit his own DNA and possibly implicate himself in a crime? How long will the state keep the DNA on file?
But Bear Atwood, legal director for the American Civil Liberties Union of Mississippi, said it's an invasion of privacy to collect cord blood without consent of the mother, father and baby. She also said that an underage girl who doesn't want to reveal the identity of her baby's father might skip prenatal care: "Will she decide not to have the baby in a hospital where she can have a safe, happy, healthy delivery?"
Source: http://www.usatoday.com/
