Who's Your Daddy? Paternity Battle Between Brothers

The two brothers are not the only ones in an awkward situation. Jean Boyd, the mother of the twins (and the child's grandmother — they're sure she is the grandmother) has felt caught in the middle. "When this first happened I felt like I had gained a granddaughter but lost my sons," Boyd said. "The boys have been feuding and I can't choose between my kids." While Boyd sees her granddaughter regularly, she said the paternity confusion is what has kept her sons from the child. "Until they know that the daddy is the daddy and the uncle is the uncle, Raymon will never acknowledge the child. And Richard doesn't think it was his either…neither of them will have anything to do with her," Boyd added.


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.

More Like 50/50?

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."

Copeland agrees that the case will not be going any further. "When DNA cannot be definitive you just go back to the same evidence that we used before," Copeland said. As for the nature of the case, Copeland said it is one of the stranger legal situations he's encountered. "When you are on the bench long enough though, you see a lot of strange things," he said.

As for the child support,Gaensslen has his own suggestion as to who should be paying. "Split it down the middle," he told ABC News. "They both played, so they should both pay."

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