The Last Option
Chapter Twenty-Nine: The Filiation Request

On the day of the hearing for the presentation of the filiation case of little Nathan in the family court, Bernard, Dr. Holloway, Thomas and Camila attended, the latter had become a great help to Bernard, as she did what Laura and Thomas could not do regularly for the convalescent, like shopping, paying for services, and cleaning the apartment. That day they came to accompany Phil Wilcox to present his case and testify as witnesses if necessary, Laura having stayed at home with the baby. Once the case had been presented, the judge proceeded with the reading of the file.

"I understand you are a corporate attorney, Mr. Wilcox," Judge Campbell said. "I'm surprised to see you petitioning a family court."

"It's an exceptional situation in which I have a special interest in justice, Your Honor."

"I'm seeing you are making a request for filiation, and the ascendants are deceased. Don't those ancestors have other relatives to make the request?"

At that moment a tall, obese man with an incipient bald head rushes into the audience room, sweating profusely and visibly tired.

"I apologize for the delay, Your Honor," said the man, removing his glasses and wiping the sweat on them with a handkerchief, "there is a lot of traffic today. I'm attorney Douglas Sizemore and I represent Rebecca Hicks in the filiation case that is currently being filed."

"Excuse me, attorneys, I'm a bit confused," Campbell said, beginning his fairness performance, "Attorney Wilcox here is making a filiation request, and those involved are Nathan and Norma Hicks, both deceased. Are you also coming to petition on behalf of a Hicks, attorney Sizemore?"

"No, Your Honor, I'm here on behalf of the sole survivor and heir to the deceased to reject such a request. My client has no evidence of the existence of a child of his relatives, specifically his brother, since they couldn't procreate." "They couldn't conceive naturally, Your Honor," Wilcox said, "but with the help of science they were able to conceive in a surrogate and the baby was able to gestate normally, being born alive and in perfect health."

"And I see he was born after the tragic death of his alleged parents," Campbell was flipping through the file in front of him. "I imagine for that reason they couldn't formally introduce him as their son." "And in their name and in reason of justice is that I'm making the request, Your Honor."

"My client, being the sister of one of the deceased, was never told anything about it," Sizemore said, "so she doesn't recognize such a situation or the product of it, which is the child, Your Honor."

"Do you have evidence of what you are asserting, counselor, to support your request?" judge Campbell asked Phil, still flipping through the file.

"Yes, Your Honor, as you can see in that file there is DNA evidence that indicates the child is the son of the deceased."

"Evidence that doesn't confirm anything, Your Honor," Sizemore intervened, "since they are from the child's alleged parents, and my client isn't aware they are from his brother and sister-in-law. They can be from anyone who has lent themselves to this charade."

"He has a good point, counselor," Campbell said, addressing Wilcox. "Do you have a way to verify the DNA is from the deceased?"

"Of course, Your Honor, I have as a witness Dr. Ernest Holloway, an expert in fertility, who was the one who carried out the entire process by which the deceased could be parents."

"And it doesn't prove the DNA is true, either," Sizemore countered. "There can be no evidence this is the DNA of my client's relatives, Your Honor."

"But it can easily be proven, Your Honor, if the sister of the late Nathan Hicks and client of the attorney here, Rebecca, offers her DNA to prove it," Wilcox suggested.

"It's a good proposition to end the dilemma, counselor," Campbell had to admit, addressing Sizemore this time. Phil barely drew a satisfied smile.

"My client cannot give such a sample, Your Honor, as she would be damaging her own interests as a testamentary heir to his deceased brother and in which no other heir is named other than her, thus ignoring what is intended here aims to." "The deceased didn't have time to change his will due to his tragic death, Your Honor," Phil clarified. "He was waiting for the birth of his son to change it."

"But he could have made the will under conditions, Your Honor, if he suspected something bad would happen to him before the baby was born," said Sizemore. "That's also an indication that perhaps they weren't expecting to be parents, which overrides this entire procedure is attempted here."

"No one can predict when you will die!" Phil exclaimed. "We all hope to have a long and peaceful life. The parents didn't expect to die before the child was born."

At that moment, and seeing all that wasn't going anywhere, Bernard got up.

"Excuse me, Your Honor," he said, leaning on his cane. "Can I say something?"

"Who are you?" Campbell asked, looking over the glasses at Bernard.

"I was Nathan Hicks' chauffeur, Your Honor, and my wife was the one who rented her womb so my employer's son would be born. My name is Bernard Sullivan. Unfortunately my wife died during childbirth, leaving me alone with their child. I can attest that everything the lawyer here is saying, because I took Mr. Hicks and his wife to all the procedures related to the pregnancy of the child, and also to all the times he bought him things for when he was born-"

"This man's statement is irrelevant, Your Honor," Sizemore cut in rudely, "as is the doctor's 'alleged' procedure. They prove nothing."

"I agree," Campbell said dryly. "Sit down, Mr. Sullivan."

Bernard had no choice but to sit down, visibly annoyed by the judge's attitude.

"Your Honor, on behalf of my client I request the petitioner's request be dismissed, since such request must be supported by family evidence that prove the filiation, in this case, of the child who is trying to be recognized as my client's nephew, and it is she who, in the interest of the child's well-being, makes such a request, if she had knowledge or at least a suspicion that he is his legitimate nephew. Mr. Wilcox is acting as if he were the child's family, and as a representative of the State by not placing the alleged orphan in the hands of Children's Services, and that it is that institution that is in charge of ensuring the well-being of the child and, in any case, under my client's request, I repeat: as the only legitimate survivor of the deceased, establish his affiliation with her and with her family."

"So your client has no intention of recognizing the child as his relative, denying the filiation request?" Campbell asked.

"No, Your Honor, based on his status as sole testamentary heir, my client has no grounds or reason to believe this child is her nephew. Not even the slightest suspicion or doubt."

"Your honor, I ask for an opportunity to prove paternity," Phil felt he was losing ground.

"The attorney is right, Mr. Wilcox," Campbell said, removing his glasses and crossing his fingers over the newly closed file. "Affiliation petitions must be requested by the relatives of minors or their legal representatives when parental rights are denied, or by the State through Social Services if it provides public assistance to these minors. In this case I don't see either of the two situations. Where is the child at the moment?"

"The baby is in the care of Mr. Sullivan, Your Honor, who has taken care of him due to the loss of his biological and legitimate parents-"

"Don't keep trying to enforce your request, Counselor," Campbell said, raising a hand ordering him not to continue. "If we analyze the situation, this child is practically an orphan who isn't under the protection of the State, and that is an irregularity. I could order that he be placed under the care of Children's Services, but seeing that he apparently has someone who is watching over him I won't do such a thing, waiting for Mr. Sullivan to recognize him as his father in view of the fact he was born under marriage, and even though you try to pass him off as the child of others, unless it is shown to me that he is in danger or risk, in which case I will order Child Services to take action on the matter. Understood?" "Yes, Your Honor," Phil replied. "It is clear."

"As such, the case is dismissed."

Judge Campbell struck with the gavel and ordered the next case to be brought.

Sizemore gave Phil an air of triumph and left the room. Phil was really upset, as he had not achieved what he promised to his friend Nathan. Bernard and the others approached him, quite appalled and disappointed.

"That's all?" Bernard asked him. "Can't we make little Nathan inherit his fair share?"

"I did what I could, Bernard," Phil said, visibly upset.

"Can't you try another way?" Camila asked.

"We already lost our chance," Phil replied. "No judge will accept this goes to trial."

"What if the request is made to the Grand Jury?" Bernard suggested. "They can decide above a judge whether to go to trial or not."

"This isn't an issue for the Grand Jury, Bernard. They won't see the importance of it. It's over."

"And then will you give up so easily, counselor?" Bernard demanded. "Don't you plan to fight for what's fair?"

Phil stared at him for a few seconds, more annoyed than before by Bernard's words.

"Let me think of a possible way, but I don't promise you anything."

Phil headed for the exit, while the others followed him demoralized.

"By the way," he said, turning to Bernard again and before leaving, "I suggest you do whatever is necessary to make the baby be recognized as your child; you've heard the judge, if you really care about little Nathan's well-being and don't want him to go to Children's Services."