Identical Twins are very rare, and very unique. Most people have mistaken a twin for the other. It's understandable. They have exactly the same DNA. You must have heard the stories about the twins who get away with crimes, because the police can't prove who did it using DNA testing. The same thing has happened with child support cases. Two identical twins had intercourse with the same woman at around the same time. She had a child, and both men submitted to a paternity test. They both showed 99.999% to be the father of the baby.
Unlike criminal court, where the prosecution needs to provide hard facts and evidence in order to convince a suspect, family court relies on a judges ruling only. The judge usually picks one of the twins. I'm not sure the exact method of choosing, but it's the judges decision that determines the fate of the fathers, and the child.
There was a very rare occurence in Dallas, Texas recently involving fraternal twins. After the father became suspicious because the 11-month old children looked different, he demanded a paternity test. The results showed that he was the father of only one of the twins. How is that possible? It's called heteropaternal superfecundation. This Science Blog discusses the Mia Washington case in detail.
Heteropaternal superfecundation occurs when the mother releases two eggs which are fertilized individually be two different sperm. They usually are sperm from the same father. In this case the father is different. The test results show that Ms. Washington was unfaithful during the time she was impregnated. Her husband has forgiven her, and vowed to raise both the children as his own.
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