Paternity Fraud: How It Happens

Paternity Fraud: What Is It and How It Happens

Paternity fraud is a massive issue and can be front page news! Globally, paternity fraud rates vary. In the UK, the average rate of cases is 1.6%, whereas in countries like Nigeria and Jamaica, the rates average 30% and 34.6%, respectively (data according to study: Global Statistics on Paternity Fraud: A Deep Dive into Discrepancies and Prevalence).

Despite being relatively under the radar, the topic itself is complex, with confirmed cases of paternity fraud having serious consequences, both legally and personally. Below, we'll explore the subject in depth to give you a better picture of its impact, legal and personal ramifications, and how DNA testing can uncover the truth.

What is Paternity Fraud?

Paternity fraud is the wrongful deception of a man into believing that he is the biological father of a child. Sometimes, fraud is committed without malice and is simply uncertainty. Most commonly, it's a calculated decision to cover up the truth. That's where the emotional, financial, and legal unravelling begins.

There are two key scenarios where this occurs:

• Infidelity: The most common is infidelity, followed by the subsequent decision to frame another man as the father.  Sometimes this is done to keep a relationship, and other times to gain financial assistance.

• Administrative Fraud: Administrative fraud includes false birth certificate declaration, misrepresentation of a person in custody hearings, and even tampering with DNA test results.

What is even more disturbing is the duration it takes to uncover the reality, often taking years. Some men only discover the truth after years of providing love and significant financial support, to realise that the child they thought was theirs was not.

That's where DNA testing makes all the difference. It provides resolution where there may have been none. Whether done out of doubt, consensus, or legal formality, the truths uncovered can alter everyone's life.

Paternity Fraud & UK Law

The issue of paternity fraud sits within a legal loophole in the UK. It is not explicitly defined as an unlawful act. However, that should not be interpreted as a complete absence of legal implications.

The fundamental concern of UK family law pertains to the child's welfare. That is the reason why matters relating to paternity are dealt with in family court, not criminal court. Hence, the tendency when dealing with issues of legal paternity fraud is to focus less on the punishment of the mother and more on the child and their well-being. That being said, if it's discovered that fraud was the result of forged DNA testing results, for example, then criminal charges come into play.

However, that should not mean that there are no legal repercussions.

When a man learns that he is not the biological father, he has the right to dispute legal fatherhood. This includes legally disputing child support responsibilities or changing custodial agreements. He may even be able to sue for damages. Still, it's not that simple – courts can be unsympathetic.

This is where it gets tricky: As long as a man is on a birth certificate (especially if married to the woman who gave birth), he is assumed to be the father. He remains the father, regardless of what a DNA test proves later. The legal status will not simply disappear.

DNA tests can be ordered by courts, but only if the court determines it to be in the best interest of the child. Even when fraud is proven, prior financial contributions, like child maintenance, are seldom reimbursed.  And that's tough for a man who was deceived.

Is Paternity Fraud a Crime?

Paternity fraud is not a defined offence under law in the United Kingdom. Actions related to paternity fraud are recognised under other laws. In this case, the Fraud Act of 2006 and the Perjury Act of 1911.

For example, if a woman purposely misrepresents information on a birth certificate, that could count as misrepresentation, a type of fraud.  If she lies in accompanying documents or other legal documents, executive documents, that might count as perjury. Or, as mentioned in the previous section, if DNA test results are forged, it's also a crime.

Even so, there are still claims regarding paternity fraud, which are exceptionally rare. Why? Proving a claim of fraud seems almost impossible. Once more, the legal system tends to focus on the needs of the child as the primary concern.

Aside from that, it's important to note that the law isn't entirely powerless. Victims can go to court and challenge payment for maintenance or have their name erased from the record as a parent if the marriage exists in law but not in fact.

While the chance of winning a criminal case may be slim, the acceptance of paternity fraud in civil law is on the rise. There's a growing number of men calling out and demanding justice, and consequently, the courts are starting to respond.

Can You Sue for Paternity Fraud?

Yes, however, it is case-dependent, and the journey to winning is never straightforward.

A man who finds out he's been duped could initiate a civil lawsuit against the child's mother, claiming damages from child support, maintenance fees, and a loss of familial dignity or distress.

Some have received settlements, while others have terminated child support obligations after being cleared through a DNA test. Although many people would like to resolve disputes, the reality for most people is that the legal battle is difficult, especially when the support is presumed to be in the child's best interest. And it's expensive.

Even when a claim is won, the chances that every support payment will be refunded are slim. Most jurists do not agree to refund previous payments because those funds were spent on providing for the child. The child's well-being is the primary consideration; therefore, support payments are considered child expenses.

There is no doubt, however, that paternity fraud claims can result in:

• Changing the birth certificate

• Ending parental obligations

• Recouping certain funds

• Pursuing emotional relief or public recognition of reality

• False inheritance claims 

Despite this, it is not all about money. For several men, this is a matter of principles, of reclaiming power after betrayal when they were left in chaos.

Consequences of Paternity Fraud

The impact of paternity fraud on individuals is enormous and often underappreciated.

Every father goes through deep emotional turmoil. The pain of betrayal, confusion, loss, and mistrust is overwhelming. When a father discovers his child is not biologically his, he suffers a death of identity as trust is shattered. This process accompanies a deep loss of self-worth and makes many men deal with anxiety and depression, alongside broken relationships.

However, there is also the issue of finances. Even stopping support payments doesn't return years of lost income. Forgoing payments often result in further financial damage, as some men are forced by court guardianship rules to continue payments even after learning the truth.

Children aren't exempt from damage either. Discovering that the man viewed as a father throughout their life isn't biologically related can result in confounding feelings of anger, loss of sense of identity, and deep confusion. Those bonds which feel strong may end up severing, contributing to feelings of loss.

Shifting the focus to the mother, she deals with the social consequences far beyond the legal ones. Intentionally harmful deception may bring civil lawsuits or criminal charges, but these are rare. It's more likely to be strained relationships, public opinion, and legal outcomes that are the more common repercussions.

And what of the other relatives that come to play, like the grandparents, siblings, and even new significant others? The implications of paternity fraud reach beyond the immediate family. It impacts entire support systems.

How Can You Prevent Paternity Fraud?

When preventing paternity fraud, the best method available is DNA testing. Here are the two most common types of paternity DNA tests:

• Peace of Mind Testing: It is an unwitnessed self-sampled test. Collecting samples is usually is a fast and easy process, and you can perform it in the comfort of your own home using the provided kit. While the results are accurate, they are not viable in court and cannot be used for legal DNA test or immigration DNA applications

• Legal (Court-Approved) Testing: This form of testing is usually witnessed and comes with a prearranged sample collection by a trained professional and a maintained chain of custody. If you are in a legal battle concerning custody, responsibility, even financial support, immigration DNA test or inheritance, this is the form of testing you will need. The court will typically arrange this for you, requiring you to go to a pre-agreed location and have the sample collected by an approved professional.

Here at AssureDNA and AttoLife, we provide both variations of paternity and other relationship tests. To ensure maximum accuracy, our tests are analysed through up to 600 genetic markers, and we guarantee discreet shipping and secure result deliveries. We also offer prenatal paternity testing, which is available as early as 8 weeks into pregnancy. This test is safe, non-invasive, and equally accurate.

Each at-home testing kit will include three self-sample swab packs (father and child + optional mother) unless additional tests are ordered. The test will either exclude the man from being the father or confirm the relationship, with our test having a confidence level that typically exceeds 99.99%.

Of course, prevention begins with awareness. Legal reforms, campaigns, and open discussions surrounding paternity can go a long way in eliminating stigma and advocating for truth from the onset.

Encouraging testing — especially from birth — could become standard procedure. Although that may sound controversial, the other option is allowing systems of deception to persist unchecked for years.

Conclusion

Paternity fraud is much more than just a case of mistaken identity; it is about erosion of trust, emotional injury, and legal tumult. It affects people on all fronts: personal, financial, and social.

Recognising the reality of paternity fraud and how the UK legal system deals with it is already a step in the right direction. The next step is action. DNA testing provides certainty while legal counsel provides a roadmap. Thereafter, the focus shifts to ensuring the problem does not recur.

Whatever role you play — a potential victim, someone on a quest for the truth, or even just someone interested in the controversial aspect — keep this in mind: facts are indisputable. DNA, after all, is indisputable. With the appropriate measures, the reality can be exposed, leaving one safer from future risks.

If you are looking for a Peace of Mind test: At AssureDNA, we're here to help with your peace of mind test. 

For a Legal DNA or Immigration DNA test: at AttoLife we can provide at-home and legal paternity testing results using industry-leading testing kits and laboratories, with results within 24 hours from receipt of the sample at our lab. Contact us today for more information +44 01603 358169 or email us at info@assuredna.co.uk.

 

View Paternity Tests