Do physicians have a legal or ethical responsibility to inform a husband if they KNOW a child is not his?

Question

You can apply this situation to an unmarried couple and boyfriend as well.

Should the doctor inform the mother (if she doesn't already suspect)?

Or should the doctor leave this issue to be resolved between the couple (if he doesn't already suspect)?

Does this fall under "doctor-patient" confidentiality with the mother, or does it fall under the right of a legal guardian (the presumed father) to medical information about the child?

Answer 1

The only way this would be a "medical issue" is if the child needed a transplant or something and the man who thought he was the father was going to to try to donate and was not compatible with the child.  

HIPPA and other statutes, not to mention doctor/patient confidentiality would prevent a doctor from telling a man this even if he was asked.  

In issues like this, most states apply the "best interest of the child" standard.  That means that if a man begins raising a child, takes responsibility for a child, funds that childs upbringing, then finds out he is not the father, he STILL has to pay child support for the child.  That sucks for the dad, but is in the best interest of the child who has already established a

relationship with the dad.

But that is another topic.  The answer is no.  Doctor can't tell.

Answer 2

Doctors do not perform genteic testing on the fetus. Their major concern is the health of the mother and the fetus. If you want paternal tests they are done after the baby is born, and you've got to pay for that. So, really there is no way for the doctors to know unless the husband or boyfriend requests those tests, and even then they are sworn by the hypocratic oath.

Answer 3

I think the doctor's responsibility is to his primary patient.  Presumably, that would be the pregnant one--unless it's a fertility clinic or something like that.  If the guy is concerned he should request that the pregnant female submit to a DNA test.  Her doc may not even know who the father is or isn't.

Answer 4

When we had our son, the only focus was the birth and no one at any time put up any question as to who the father is and to DNA test to prove it so i do not see how this can ever be a real issue.

Answer 5

Unless the parents demand a dna test they won't know.

Answer 6

The dr. should tell the mother, but not the father.  The mother needs to know in case of medical emergencies when the father might need to be known (for family medical information).  It's solely the woman's decision to inform the man.