What is Paternity Fraud?
Definition
Paternity fraud is when a mother purposely misleads a man that he is the biological father of her child. Other names that are used to describe paternity fraud are misattributed paternity and/or paternal discrepancy.
How common is it?
Paternity fraud according to DNA paternity testing statistics 3 out of every 10 men who performed a paternity test is not the biological father of the child.
It should also be noted, These stats only referred to men who performed a legal paternity test. This does not include the peace of mind paternity tests. The numbers could be larger.
Can a mother be sued for paternity fraud?
As we currently understand it, there are no specific laws created to specifically address paternity fraud.
We are aware of a few alleged fathers who have attempted to sue civilly but we have no knowledge of the outcome their cases. Judges oftentimes are reluctant to charge mothers because they are in most cases the caregivers of the child.
Can A DNA Paternity Test help determine fraud?
DNA Testing
Yes. Performing a DNA test is the best way to help determine if an alleged father is the biological father of a child.
Issue with performing a paternity test
The biggest problem for alleged father who believes he is not the biological father of a child he is legally responsible for is the opportunity to perform a paternity test.
Oftentimes mothers will not allow a legal father the opportunity to perform DNA test. The communication between two are contentious and disagreeable. If a mother knows a man is not her child’s father she will not be unwilling to help the man be relieved of paying future child support.
Is Child Support affected by Misattrbuted Paternity?
Oftentimes, No. If man is not the biological father but has signed his name on the voluntary acknowledgment of paternity form which would make him the legal father.
The state in which the claimed father resides would deem him the legal father and he will be responsible for child support payments.
Can a presumed father avoid child support if paternity fraud is proven?
Possibly. If the alleged father signs an acknowledgement of paternity form and he finds out within 60 days of signing the AOP form that he is not the biological father. He can complete and file Rescind Paternity form. The only caveat is, the mother of the child must also complete the Rescind Paternity form.
If the mother refuses to complete her portion of the form it will be more difficult to be remove from the responsibility of child support. If you are suspicious that you are the biological of a child. It would be in your best interest to not sign the AOP form until you perform a paternity test to ensure biological relatedness.
Are there any Emotional Implications of Misattributed Paternity?
Yes. The alleged father may suffer emotionally if he built an emotional relationship with the child.
Oftentimes mothers are thinking of securing financial support for a their child but what is often overlooked is if the child does not know who the biological father of the child is, and the child becomes ill or may need surgery. The biological father may be the only person that can save the child’s life. The mother may cost the child a life saving opportunity.
Another effect on the child would be emotionally of the child has built a biological relationship with the alleged father. This could affect the child’s ability to be functional contributor to society if not handled accordingly.
Can a man protect himself from false paternity claims?
Unfortunately there is not much that a man can do outside of not signing the Acknowledgement of Paternity form and asking the mother to perform paternity before possibly signing the document.
It should be noted that if the man is married the information in the post does not pertain to you. As it is currently understood. Any child born into a marriage the husband is automatically presumed to be the biological father of the child.
If you or someone you know believe you are currently experience paternity fraud and you need to perform a paternity test. Contact our office today at 866-205-8356 to get started.